City of Duquesne, MO Zoning Regulations

For the purpose of this Chapter, words used in the present tense include the future, the singular includes the plural and plural singular, the word "lot" includes the word "plot," the word "used" includes "designated" or "intended to be used," the word "building" includes the word "structure" and the word "shall" is mandatory and not discretionary.

The following terms, unless a contrary meaning is required by the context is specifically prescribed, shall have the meanings indicated:

ACCESSORY BUILDING AND USE

A subordinate building located on the same lot with the main building or a subordinate use of land, either of which is customarily incident to the main building or to the principal use of the land. Where a substantial part of the wall of an accessory building is a part of the wall of the main building or where an accessory building is attached to the main building in a substantial manner, as by a roof, such accessory building shall be counted as part of the main building.

ACCESSORY BUILDING, ATTACHED

An accessory building sharing a common wall, continuous roofline, and construction style and materials of the main dwelling unit.

[Ord. No. 348, 10-19-2017]

ACCESSORY BUILDING, DETACHED

An accessory building not sharing a common wall, continuous roofline, and construction style and materials of the main dwelling unit.

[Ord. No. 348, 10-19-2017]

ACCESSORY LIVING QUARTERS

Living quarters with an accessory building, for the sole use of persons employed on the premises, having kitchen facilities and not rented or otherwise used as a separate dwelling.

ALLEY

A permanent public serviceway which affords only a secondary means of access to abutting property.

APARTMENT HOTEL

A building or portion thereof used for or containing both individual guest rooms or suites of rooms and dwelling units designated for more or less temporary occupancy.

BASEMENT

A story partly underground and having at least one-half (1/2) of its height above the average level of the adjoining ground.

BED AND BREAKFAST

A family home occupied as a permanent dwelling by the proprietor, in which lodging and meals are provided for time-limited duration to not more than four (4) groups of patrons in a twenty-four-hour period.

BILLBOARD

A structure primarily used as a flat surface upon which advertisements are pasted, painted, electronic or otherwise affixed.

BOARDING HOUSE/LODGING HOUSE

A building, other than a hotel, where lodging with or without meals for five (5) or more persons is provided for compensation. A boarding house may also include the dwelling unit occupied by the owner or operator.

BUFFER ZONE

A strip of land separating two (2) zoning districts.

BUILDING

Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or chattels. When any portion thereof is completely separated from every other person thereof by a division wall without openings, then each such portion shall be deemed a separate building.

BUILDING INSPECTOR

An inspection official appointed by the City charged with enforcement of Building Codes and such other ordinances as may be assigned.

BUILDING LINE

A building limit fixed at a specific distance from the front, rear or side boundaries of a lot beyond which a structure cannot lawfully extend.

BUILDING SETBACK LINE

The line nearest the street and across a lot establishing the minimum open space to be provided between buildings and specified structures and street lines.

BUILDING, DETACHED

A building having no party wall in common with another building.

BUILDING, HEIGHT OF

The vertical distance measured from the adjoining curb grade at a point opposite the center of the principal frontage of the building to the highest point of ceiling of the top story in the case of a flat roof; to the deck line of a mansard roof; and to the mean height level between the eaves and ridge of a gable, hip or gambrel roof. Where buildings are set back from the street line, the height of a building may be measured from the average elevation of the finished lot grade at the front of the building.

BUILDING, NON-CONFORMING

A legally existing building which fails to comply with the regulations set forth in this Chapter applicable to the district in which this building is located.

BUILDING, SEMIDETACHED

A building having one (1) party wall in common with an adjacent building.

CARPORT

Anything constructed or erected that is more or less open on three (3) sides and having a roof with the purpose of protecting a vehicle from the weather and providing the occupants with protection for entering or exiting the vehicle. A carport will be subject to setback regulations of all existing zoning requirements and is considered an accessory building.

CELLAR

A story having more than one-half (1/2) of its height below the average level of the adjoining ground.

CEMETERY

Land used for the burial of the dead and dedicated for cemetery purposes, including mausoleums when operated in conjunction with and within the boundary of such cemetery.

CITY

The City of Duquesne, Missouri.

COMMISSION

Planning and Zoning Commission.

CURB LEVEL

The level of the established curb in front of the building measured at the center of such front. Where no curb has been established, the Building Inspector shall establish such curb level or its equivalent for the purpose of this Chapter.

DAY CARE CENTER

A child care program conducted in a location other than the provider's permanent residence or separate from the provider's living quarters, where care is provided for children not related to the child care provider for any part of the twenty-four-hour day. The number of children allowed within a child day care center is to be regulated by the licensing agency of the State of Missouri.

DAY CARE HOME — FAMILY

A child care program where care is given by a person licensed as a family day care home provider for no more than ten (10) children not related to the provider for any part of the twenty-four-hour day. The child care program is within the provider's permanent residence.

DAY CARE HOME — GROUP

A child care program where care is given by a person licensed as a group day care home provider for eleven (11), but not more than twenty (20), children not related to the child care provider for any part of the twenty-four-hour day. A group day care home shall be in a location other than the provider's permanent residence or separate from the provider's living quarters.

DEPARTMENT OF NATURAL RESOURCES

The Missouri Department of Natural Resources (MoDNR).

DWELLING

A building or portion thereof used exclusively for residential occupancy, including one-family, two-family and multifamily dwellings, but not including hotels, motels, lodging or boarding houses or tourist homes.

DWELLING UNIT

A building or portion thereof used by one (1) family for cooking, living and sleeping purposes.

DWELLING, MULTIFAMILY

A building or portion thereof used for occupancy by three (3) or more families living independently of each other and doing their own cooking in said building, including apartments, group houses and row houses.

DWELLING, ONE-FAMILY

A detached building used for residential occupancy by one (1) family.

DWELLING, TWO-FAMILY

A detached or semidetached building used for residential occupancy by two (2) families living independently of each other.

EASEMENT

A grant by the property owner to a person, corporation or the public of the right to the use of designated land area for specified purposes.

EDUCATIONAL INSTITUTION

Primary or grammar, public, parochial or private school, high school, preparatory school or academy, public or founded or owned or conducted by or under the sponsorship of a religious or charitable organization; private preparatory school or academy furnishing courses of instruction substantially equivalent to the courses offered by public high schools for preparation of admission to college or universities which award B.A. or B.S. degrees; junior college, college or university, public or founded or conducted by or under the sponsorship of a religious or charitable organization; or private when not conducted as a commercial enterprise for the profit of individual owners or stockholders. This definition shall not be deemed to include trade or business schools as defined in this Section.

FAMILY

One (1) of the following:

[Ord. No. 413, 10-14-2019]

One or two individual persons plus their blood relatives and/or offspring (also included are children of adoption, foster, and children under guardianship) having a relationship which is functionally equivalent to a family. The relationship must be of a permanent and distinct character with a demonstrable and recognizable bond characteristic of a cohesive unit. Functional family does not include any society, club, fraternity, sorority, association, lodge, organization or group of students or other individuals where the common living arrangement or basis for the establishment of the housekeeping unit is temporary; a functional family may include one additional unrelated person; or

A group of up to three (3) unrelated individuals living together by joint agreement and occupying a single housekeeping unit with single kitchen facilities on a non-profit, cost-sharing basis; or

Any home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside, and may include two (2) additional persons acting as houseparents or guardians who need not be related to each other or any mentally or physically handicapped persons residing in the home; or

Any private residence licensed by the Division of Family Services or Department of Mental Health to provide foster care to one or more, but less than seven (7), children who are unrelated to either foster parent by blood, marriage or adoption.

GARAGE, PARKING OR STORAGE

Any building, except one (1) herein defined as a private garage, used exclusively for parking of self-propelled vehicles and with not more than two (2) pumps for the incidental sale of gasoline.

GARAGE, PRIVATE

A detached accessory building or portion of a main building used for the storage of self-propelled vehicles where the capacity does not exceed three (3) licensed vehicles or not more than one (1) per family housed in the building to which such garage is accessory, whichever is the greater, and not more than one (1) vehicle stored in such garage shall be a commercial vehicle. Storage space for not more than three (3) vehicles may be rented for vehicles of other occupants of the building to which such garage is an accessory.

GARAGE, PUBLIC OR REPAIR

Any premises, except those described as a private or parking garage, used for the storage or care of self-propelled vehicles or where any such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale.

GROUND FLOOR AREA

The square foot area of a building within its largest outside dimensions, exclusive of open porches, breezeways, terraces, garages, exterior stairways and secondary stairways.

GROUP HOME

Includes any home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside and may include two (2) additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home.

GROUP HOUSES

A group of dwellings not more than two (2) rooms deep facing upon a place as herein defined.

HOME OCCUPATION OR PROFESSION

Any use customarily conducted entirely within a dwelling and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof and in connection with which there is no display, no stock-in-trade, no outside storage of equipment, no commodity sold upon the premises and not more than two (2) persons engaged in such occupation.

HOSPITAL

Includes "sanitarium," "sanitorium" or "clinic," provided such institution is operated by or treatment given under direct supervision of a physician licensed to practice by the State of Missouri.

HOTEL

A building or portion thereof used as the more or less temporary abiding place of individuals who are lodged with or without meals and in which there are more than twelve (12) sleeping rooms usually occupied singly and in which provision for cooking is made preponderantly in a central kitchen.

JUNK YARD, INCLUDING AUTOMOBILE WRECKING

A lot or part thereof used for the storage, keeping or abandonment of junk, including scrap metal or other vehicles or machinery or parts thereof.

KENNEL

Any person who shall own, keep or harbor on his/her premises more than three (3) dogs not including the litters of such dogs under the age of six (6) months shall be deemed the owner of a kennel. Additionally, any person who shall own, keep or harbor on his/her premises of more than three (3) cats not including the litters of such cats under the age of six (6) months shall be deemed the owner of a kennel.

LIGHTING

The following terms shall be used in administering the requirements of the lighting performance standards:

CANDLEPOWERThe amount of light that will illuminate a surface of one-foot distance from a light source to an intensity of one-foot candle. Maximum (peak) candlepower is the largest amount of candlepower emitted by any lamp, light source or luminary.

CUTOFFThe point at which all light rays emitted by a lamp, light source or luminary are completely eliminated (cut off) at a specific angle above the ground.

CUTOFF ANGLEThe angle formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from the light source above which no light is emitted.

CUTOFF-TYPE LUMINARYA luminary with elements such as shields, reflectors or refractor panels which direct and cut off the light at a cutoff angle that is less than ninety degrees (90°).

FOOT-CANDLEA unit of illumination produced on a surface, all points of which are one (1) foot from a uniform point source of one (1) candle.

GLAREThe brightness of a light source, which causes eye discomfort.

MAXIMUM PERMITTED ILLUMINATIONThe maximum illumination measured in foot-candles at the interior setback yard line at ground level.

LOT

A parcel of land occupied or to be occupied by one (1) main building or unit group of buildings and the accessory buildings or uses customarily incident thereto, including such open spaces as required under these regulations and having its principal frontage upon a public street or approved place. A lot as used herein may consist of one (1) or more platted lots or tract(s), as conveyed or parts thereof. In determining lot area and boundary lines, no part thereof within the limits of the street right-of-way shall be included.

LOT DEPTH

The mean horizontal distance from the front street right-of-way line to the rear property line.

LOT LINE, FRONT

The boundary between a lot and the street right-of-way on which it fronts.

LOT LINES

The lines bounding a lot as defined herein.

LOT OF RECORD

A lot which is a part of a subdivision, the map of which has been recorded in the office of the County Recorder of Deeds.

LOT WIDTH

The distance parallel to the front of a building erected or to be erected, measured between side lot lines at the building line.

LOT, CORNER

A lot at the junction of and fronting on two (2) or more intersecting streets both of which are twenty (20) feet or more in width.

LOT, INTERIOR

A lot whose side lines do not abut on any street.

LOT, THROUGH

An interior lot having frontage on two (2) parallel or approximately parallel streets.

MOTEL

A permanent building or group of buildings containing rooms used, rented or hired out for the more or less temporary occupancy of overnight guests.

PARKING AREA, PUBLIC

An open area, other than a street, used for the temporary parking of more than four (4) automobiles and available for public use, whether free, for compensation or as an accommodation for clients or customers.

PARKING SPACE (OFF-STREET)

A space on private land, accessible from a street or alley, not less than nine (9) feet wide and twenty (20) feet long, exclusive of passageways.

PLACE OR COURT

An open, unoccupied space on the same lot with a building or group of buildings and bounded on three (3) or more sides by such building or buildings.

PRIVATE DRIVE

A paved right-of-way within a planned residential development or a manufactured home park that affords the principal means of vehicular access to property abutting thereon, which right-of-way is owned, controlled, maintained and posted as a private drive by persons other than the public.

PROFESSIONAL OFFICE

The office of a person engaged in any occupation, vocation or calling, not purely commercial, mechanical or agricultural in which a professed knowledge or skill in some department of science or learning is used by its practical application to the affairs of others, either advising or guiding them in serving their interest or welfare through the practice of an act founded thereon.

RESTAURANT

A building wherein food is prepared and served in ready-to-eat form to the public for human consumption. The term "restaurant" shall include cafe, cafeteria, grill, pizza or chili parlor, diner, snack shop, hamburger shop and steak house.

RIGHT-OF-WAY

Land dedicated to a person, corporation or the public for a right of passage or use for specified purposes.

ROOMING HOUSE

A residential house of which most or some of the rooms are rented out to paying customers by the owner of the residential house. It is a place where individuals who are living in and rent in that house share the bathroom and the kitchen. The occupant of a rooming house is called a roomer.

[Ord. No. 413, 10-14-2019]

SETBACK LINE

The line generally parallel to the front, side or rear lot line establishing the minimum space to be provided as the front, side or rear yard.

SHORT-TERM RENTAL

A residential unit in which lodging is provided for time-limited durations for periods of time less than twenty-eight (28) consecutive days and may or may not be occupied by the proprietor.

[Ord. No. 487, 8-8-2022]

SIGN

Any advertisement, announcement, direction or communication produced in whole or in part by the construction, erection, affixing or placing of a structure on any land or on any other structure or produced by painting on or posting or placing any printed, lettered, pictured, figured or colored material on any building, structure or surface. Signs placed or erected by governmental agencies or non-profit civic associations for a public purpose in the public interest shall not be included herein, nor shall this include signs which are a part of the architectural design of a building.

SINGLE HOUSEKEEPING UNIT

Any household whose members are a non-transient interactive group of persons jointly occupying a dwelling unit, including joint access to and use of all common areas, including living, kitchen and eating areas within the dwelling unit, and sharing household activities, and responsibilities such as meals, chores, expenses and maintenance, and whose makeup is determined by the members of the unit rather than by the landlord, property manager, or other third party. This does not include a boarding- or rooming house.

[Ord. No. 413, 10-14-2019]

SITE PLAN

A plan or plat submitted showing uses and structures proposed for a parcel of land as required by these regulations for single-family, two-family, multifamily, commercial and industrial proposals.

STABLE, PRIVATE

A stable with capacity for not more than two (2) horses; provided, however, that the capacity of a private stable may be increased if the premises whereon such stable is located contains an area of not less than two thousand five hundred (2,500) square feet for each horse accommodated.

STABLE, PUBLIC

A stable with a capacity for more than two (2) horses.

STANDARD SPECIFICATIONS FOR PUBLIC IMPROVEMENT

A public works document for the City of Duquesne.

STORY

That portion of a building included between the surface of any floor and the surface of the floor next above it or if there be no floor above it, then the space between such floor and the ceiling next above it.

STREET

A paved roadway that affords principal means of access to abutting property. Streets can be classified based on their function as follows:

HIGHWAYSA street or road of great continuity with either a single roadway or a dual roadway, which serves or is intended to serve major traffic flow. A roadway that is designated in the major street plan or is otherwise designated as a limited access highway or freeway, highway, boulevard, parkway or other equivalent term to identify those streets compromising the basic street system.

STREET, COLLECTORA street which carries or is proposed to carry intermediate volumes of traffic from minor streets to thoroughfares and which may or may not be continued.

STREET, MINORA street of limited continuity used primarily for access to abutting properties, providing for minimum speeds and traffic volumes. This includes culs-de-sac.

THOROUGHFARESA street or road of considerable continuity which serves or is intended to serve principal traffic flow between separated areas or districts and which is the main means of access to the residential street or roadway system.

STRUCTURAL ALTERATIONS

Any change in either the supporting members of a building, such as bearing walls, columns, beams or girders, interior/exterior plumbing or electrical systems and exterior walls.

STRUCTURE

Anything constructed or erected, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground.

TOTAL FLOOR AREA

The square foot area of a building, including accessory buildings, measured from outside wall surfaces and including garages, porches, utility rooms, stairways, recreation rooms, storage rooms, but excluding unroofed balconies and patios.

TOURIST HOME

A building in which more than one (1) but not more than five (5) guest rooms are used to provide or offer overnight accommodations for transient guests for compensation.

TRADE OR BUSINESS SCHOOL

Secretarial school or college or business school or college, when not public and not owned or conducted by or under the sponsorship of a religious or charitable organization; school conducted as commercial enterprise for teaching industrial skills in which machinery is employed as a means of instruction. This definition shall not be deemed to include educational institutions as defined in this Section.

UNDEVELOPED LAND

Land within the City limits that has not been platted or developed.

USES, NON-CONFORMING

An existing use of land or building which was legal prior to the effective date hereof, but which fails to comply with the regulations set forth in this Chapter applicable to the district in which such use is located.

VARIANCE

A variation from a specific requirement in this Chapter, as applied to a specific piece of property, as distinct from rezoning.

YARD

A space on the same lot with a main building, open, unoccupied and unobstructed by buildings or structures from the ground to the sky, except as otherwise provided in this Chapter.

YARD, FRONT

A yard extending across the full width of the lot, the depth of which shall be the least distance between the front lot line and the nearest point of the main building or of any open, unenclosed porch or paved terrace.

YARD, REAR

A yard extending across the full width of the lot between the rearmost main building and the rear lot line, the depth of which shall be the least distance between the rear lot line and the rear of such main building.

YARD, SIDE

A yard between the main building and the side lot line, extending from the front yard or front lot line where no front yard is required, to the rear yard, the width of which shall be the least distance between the side lot line and the nearest point of the main building.

Section 404.020 Districts.

[R.O. 2004 § 404.020; Ord. No. 106 § 1, 7-21-2008]

In order to regulate and restrict the location of buildings and other structures and of premises to be used for trade, industry, residence or other specific uses; to regulate and limit the height and bulk of buildings and other structures hereafter erected or altered; and to regulate and determine setback building lines and the area of yards and other spaces, the City of Duquesne is hereby divided into districts of which there shall be four (4) known as:

Residential districts.

"R-1" Single-Family Residential.

"R-2" Two-Family Residential.

"R-3" Multifamily Residential.

"R-4" Planned Unit Development.

Commercial districts.

"C-1" Non-Retail Commercial.

"C-2" Retail Commercial.

Industrial district. "M-1" Industrial District.

Undeveloped land district. "UD" Undeveloped Land District.

The City of Duquesne is hereby divided into the districts aforesaid. The boundaries of such districts are shown upon the map on file in the office of the City Clerk and made a part of this Chapter, being designated as the "Zoning District Map" and said map and all the notations, references and other information shown thereon shall be as much a part of this Chapter as if the matters and information set forth by said map were all fully described herein.

Except as herein provided:

No building shall be erected, converted, reconstructed or structurally altered nor shall any building or land be used for any purpose other than is permitted in the district in which such building or land is located.

No building shall be erected, converted, reconstructed or structurally altered to exceed the height or bulk limit herein established for the district in which such building is located.

No building shall be erected, converted, reconstructed or structurally altered so as to intrude upon the area required for the front, side and rear yards as herein established; provided further that no yard or open space on adjoining property shall be considered as providing a yard or open space for a lot wherever a building is to be erected.

No lot area shall be so reduced or diminished that the yards or other open spaces shall be smaller than prescribed by this Chapter, nor shall the density of population be increased in any manner except in conformity with the area regulations as hereinafter provided.

Every building hereafter erected shall be located on a lot as herein defined and in no case shall there be more than one (1) building on one (1) lot except as hereinafter provided.

When construction occurs on a lot or parcel which is adjacent to a residential district which has a zoning classification of a lesser density, the owner of the lot or parcel with the higher density residential, commercial or industrial use will be required to construct and maintain an opaque buffer between the lots or parcel to screen the new construction from view. The buffer may be:

A fence of stockade or shadowbox construction no less than eight (8) feet in height. All posts and supports on a stockade fence must face to the interior of the lot or parcel considered the higher density.

An evergreen vegetative screen which, at time of planting, must provide a six-foot screen from the adjacent property.

A combination of a six-foot fence of stockade or shadowbox construction and evergreen vegetative buffer providing the proper screening.

Section 404.030 Off-Street Parking And Loading Spaces.

[R.O. 2004 § 404.030; Ord. No. 106 § 1, 7-21-2008]

Required Off-Street Parking. The following off-street parking spaces shall be provided and satisfactorily maintained by the owner of the property for each building which is hereafter erected, enlarged or altered for use in any district for any of the following purposes:

Class 1. Residential Units.

For each dwelling unit there shall be one (1) permanently maintained parking space on the same lot or parcel.

For any hotel, apartment hotel or similar use or establishment there shall be provided at least one (1) parking space for each three (3) guest sleeping accommodations.

For any motel, tourist home or similar use or establishment there shall be provided one (1) parking space on the same parcel of land for each individual sleeping or living unit in addition to such unit.

Class 2. Hospitals. For any hospital, sanitarium, convalescent home or other similar use or establishment there shall be provided not less than one (1) parking space for each five (5) beds or any portion thereof.

Class 3. Assembly And Entertainment Places.

For any general auditorium, gymnasium, church, stadium, theater or other similar place of assembly there shall be provided at least one (1) parking space for each five (5) seats provided for its patrons, based on the maximum seating capacity.

For any meeting, exhibition or entertainment hall; labor temple; lodge hall; or assembly hall without fixed seats there shall be provided one (1) parking space for each two hundred fifty (250) square feet of gross floor area.

For any bowling alley there shall be provided four (4) parking spaces for each bowling lane thereof.

Class 4. Offices. For any bank, clinic, funeral home, business or professional office, welfare institution or any similar use or establishment there shall be provided not less than one (1) parking space for each four hundred (400) square feet of gross floor area or part thereof for the first four thousand (4,000) square feet of building. Any building which has a gross floor area greater than four thousand (4,000) square feet shall first provide ten (10) parking spaces for the first four thousand (4,000) square feet and then provide one (1) parking space for each additional five hundred (500) square feet of gross floor area.

Class 5. Food Serving Places. For any eating or drinking establishment or any similar use there shall be provided not less than one (1) parking space for each two hundred fifty (250) square feet of gross floor area thereof.

Class 6. Retail Sales Use.

For any retail store, except a food market, there shall be provided not less than one (1) parking space for each six hundred (600) square feet of gross floor area thereof for the first eighteen thousand (18,000) square feet or part thereof; any building in excess of eighteen thousand (18,000) square feet shall comply with the requirement up to eighteen thousand (18,000) square feet and then provide one (1) parking space for each additional one thousand (1,000) square feet of gross floor or part thereof.

For any food market establishment or any similar use with a gross floor area of less than seven thousand five hundred (7,500) square feet there shall be provided not less than one (1) parking space for each two hundred fifty (250) square feet of gross floor area thereof. Each establishment having a gross floor area in excess of seven thousand five hundred (7,500) square feet shall comply with the requirement up to seven thousand five hundred (7,500) square feet and then shall provide one (1) parking space for each additional one hundred (100) square feet of gross floor area thereof.

Class 7. Laundromats. For any laundromat, launderette, washerette, washeteria or any similar use or establishment under a different name there shall be provided one (1) parking space for each two hundred fifty (250) square feet of gross floor area thereof.

Class 8. Automotive Services.

For any gasoline, oil or lubricating service station; motor vehicle service and repair establishment; or any similar use there shall be provided not less than one (1) parking space for each one thousand (1,000) square feet of gross plot-plan area thereof.

For any automobile washing or cleaning establishment or any similar use there shall be provided not less than one (1) parking space at the location of ingress and egress for each one hundred (100) square feet of gross floor area thereof and in no case less than six (6) spaces.

Class 9. Production, Processing And Storage Uses. For any manufacturing, processing, wholesaling or any other use or establishment, including any printing or engraving establishment or any warehouse or storage building, there shall be provided two (2) parking spaces plus one (1) parking space for each eight hundred (800) square feet of floor area above two thousand (2,000) square feet.

Unlisted And Mixed Uses. In case of any use not listed herein, the number of parking spaces required for such use shall be the same as for a similar use which is listed. In the case of mixed uses in the same building or structure, the total requirement for off-street parking facilities shall be the sum of the requirements of the various uses computed separately from the items set out in this Section and off-street parking facilities shall be the sum of the requirements of the various uses computed separately from the items set out in this Section and off-street parking facilities for one (1) use shall not be considered as providing required parking facilities for any other use except as hereinafter specified for collective use.

Collective Parking Facilities. Nothing in this Section shall be construed to prevent collective provision of any off-street parking facility for two (2) or more buildings or uses, providing however, that the total number of off-street parking spaces shall not be less than the sum of requirements for the various individual uses computed separately in accordance with the items set out in this Section.

General. All parking spaces provided pursuant to this Section shall be on the same lot with the building or within three hundred (300) feet thereof.

Off-Street Loading. On the same premises with every building, structure or part thereof hereafter erected, established or enlarged or occupied in such a way as to involve the receipt or distribution by vehicles of materials or merchandise in any district, there shall be provided and maintained adequate space for standing, loading and unloading in order to avoid undue interference with public use of the street or alley. Such space, unless otherwise adequately provided for, shall include a twelve (12) foot by thirty-five (35) foot loading space with fourteen (14) foot height clearance for every twenty thousand (20,000) square feet or fraction thereof in excess of three thousand (3,000) square feet of floor and land area used for the above mentioned purposes.

Remodeling Or Construction. Nothing herein contained shall be construed to apply to the remodeling or construction for the same use of an existing structure.

Parking Areas. Every parcel of land which, after November 1, 2015, is changed to a public parking area, or changed to an automobile, motor vehicle or trailer sales or storage area, or changed to an automobile or motor vehicle service station or garage, shall be developed as follows:

[Ord. No. 269 § 1, 10-12-2015]

Such area, where subject to wheeled traffic, shall be paved with portland cement concrete or asphaltic concrete and shall have appropriate bumper guards where needed.

Where such area adjoins a lot in a residential zone, a solid wall, compact evergreen screen or uniformly painted board fence having a height of not less than four (4) feet shall be erected and maintained between such area and the property in residential zones.

Any light used to illuminate said parking area shall be so arranged so as to reflect the light away from the adjoining premises in a residential zone.

Public parking areas established prior to November 1, 2015, and driveways established or hereafter established for one-family and two-family dwellings, are exempt from the paving requirements set forth in this Subsection (G); provided, however, if the primary use of property upon which a public parking area established prior to November 1, 2015, exists, is hereafter substantially changed, such public parking area shall no longer be exempt from the paving requirements set forth in this Subsection (G).

Provided, however, when the Board of Aldermen determines that strict application of the paving requirement will constitute unnecessary hardship on the property owner and will prevent the reasonable development of the property which is in the best interests of the City of Duquesne, and also determines that failure to strictly apply the paving requirement will not adversely affect the rights of adjacent property owners and will not adversely affect the public health, safety, quality of life, order, convenience, prosperity or general welfare, then, with the advice of the Planning and Zoning Commission, the Board of Aldermen may issue an exemption from the paving requirement for a period not to exceed five (5) years in duration.

Permanency Of Spaces Provided. Any off-street parking or loading space established prior to the effective date of this Chapter and which is used or intended to be used in connection with any main building, structure or use or any spaces designed and intended to comply with the requirements of this Chapter for any such main building or structure erected after such effective date shall hereafter be maintained so long as said building or structure remains, unless the owner provides and maintains in another location an equivalent number of required spaces in conformance with the provisions of this Chapter.

Section 404.040 Use Regulations.

[R.O. 2004 § 404.040; Ord. No. 106 § 1, 7-21-2008]

"R-1" Single-Family District. In the "R-1" Single-Family Residential District, no building, structure or land shall be used and no building or structure shall be hereafter erected, converted or structurally altered, unless otherwise provided for in this Chapter, except for one (1) or more of the following uses:

Single-family.

Churches and other places of worship, but excluding overnight shelters.

[Ord. No. 381, 9-10-2018]

Public schools, elementary, high and other educational institutions which curriculum are equivalent to a public elementary school or public high school.

Museums, libraries, parks, playgrounds or community centers owned and operated by a public agency.

Golf courses.

Group homes, provided that the exterior appearance of the home and property be in reasonable conformance with the general neighborhood standards. Provided, further, that no group home shall be located within two thousand five hundred (2,500) feet of any other group home.

Crop farming and truck gardening, but not including other farming activities or livestock unless the livestock are kept in accordance with the keeping regulations set forth in Article IV of Chapter 205, Animal Regulations, of this Code.

Attached accessory buildings, and detached accessory buildings within three hundred (300) feet of a road to the front or back of the property, including detached garages, private stables, permanent storage buildings, servant quarters occupied only by servants employed on the premises, or other subordinate structures, and including those permitted by Subsection (A)(9), below, shall only be erected (subject to Section 404.080, Height, Area And Yard Exceptions) if a dwelling unit is situated on the same lot or grounds and shall not involve the conduct of a business nor contain kitchen facilities. If no dwelling unit is present on the lot, detached accessory buildings may be erected with a three-hundred-foot setback from a road to the front of the property only if it also has a three-hundred-foot setback from a road to the back of the property, as well as other normal setback requirements [subject to the chart set forth in Section 404.080(A)(3)(a)]. Such accessory buildings may be erected and used for purposes which are clearly incidental to and customarily and commonly associated with the main permitted use of the premises, and shall be so constructed, maintained and conducted as to not produce noise, vibration, concussion, dust, dirt, fly ash, odor, noxious gases, heat or glare which is injurious, damaging, unhealthful or disturbing to adjacent property or the users thereof.

[Ord. No. 257 § 1, 3-9-2015; Ord. No. 348, 10-19-2017; Ord. No. 362 § 1, 5-14-2018]

Uses customarily incident to any of the above uses and including permitted home occupations as set forth below:

[Ord. No. 362 § 1, 5-14-2018]

Permitted minor home occupations include, but are not necessarily limited to, the following: artists and sculptors; authors and composers; home crafts for sale off site; office facility of minister, rabbi or priest; office facility of a salesperson, sales representative or manufacturer's representative, provided that no transactions are made in person on the premises; professional office facilities; individual tutoring; preserving and home cooking for sale off site; individual instrument instruction, provided that no instrument may be amplified; telephone solicitation work; family day-care home not involving more than three (3) children; and computer and bookkeeping services and transcribing services.

Permitted major home occupations shall include, but are not necessarily limited to, the following: any use allowed as a minor home occupation; single-chair beauty parlors and barbershops; photo developing; organized classes with up to six (6) students at one (1) time; television and other electrical repairs, excluding major appliances such as refrigerators or storage; small engine repairs, excluding major automobiles, motorcycles and snowmobiles; upholstering; dressmaking; woodworking, excluding cabinet making; and day-care facilities caring for more than three (3) children.

Any of the above uses may be conducted in the main building, provided such use shall not occupy a floor area greater than one-half (1/2) the floor area of the first story of the building. There shall be no commercial display visible from the street and no signs present on the property except one (1) wall sign not to exceed one (1) square foot indicating the address and the occupant's name.

No home occupation shall be permitted that:

(1)

Changes the outside appearance of the dwelling or is visible from the street.

(2)

Generates traffic, parking, sewerage or water use in excess of what is normal in the residential neighborhood.

(3)

Creates a hazard to persons or property, results in electrical interference or becomes a nuisance.

(4)

Results in outside storage or display of anything.

The following are permitted home occupations:

Accountant.

Architect.

Chiropractor.

Clergyman.

Computer programming.

(6)

Contractor, limited to telephone and office use.

(7)

Day nursery, with a maximum of five (5) children at any one time.

(8)

Dentist.

(9)

Engineer.

(10)

Home crafts and hobby activities such as model making, rug weaving, lapidary work and pottery making.

Lawyer.

Masseur or masseuse.

Musician.

Osteopath.

Painting, sculpting or writing.

(16)

Physician.

(17)

Salesman.

(18)

Seamstress/dressmaking.

(19)

Teaching or instruction, provided that not more than three (3) students are taught at any one (1) time, nor more than twelve (12) students per day.

(20)

Telephone answering.

The following are prohibited as home occupations:

Animal hospitals.

Mortuaries.

Private clubs.

Restaurants.

Stables or kennels.

The following additional conditions and restrictions shall apply to such customary home occupations:

(1)

The primary use of the building or structure in which the occupation is situated is clearly the dwelling used by the person as his/her private residence.

(2)

No assistant or other than an immediate family member of the family household is employed, and only one (1) non-illuminated window display or sign of four (4) square feet or less in size may be used to advertise the same.

Any proposed home occupation that is not specifically permitted by this Section shall be considered a special use and be granted or denied by the Board of Aldermen upon consideration of those standards contained in Section 404.135 and properly applied for as required in Section 404.135 of this Code.

Such additional uses as private swimming pools, tennis courts, gardens, customary pets, television and radio receiving antennas not exceeding sixty (60) feet in height, signs as permitted by ordinance, parking areas, toolsheds and private greenhouses not exceeding one hundred (100) square feet in area, play equipment, storage of one (1) tenant-owned boat, camping trailer or pickup camper, the overnight parking of a truck twelve thousand (12,000) gross vehicle weight rating or less on the premises and other similar uses. Any accessory use which exceeds ten (10) feet in height shall be located a distance inside the property line at least equal to its height.

10.

Utility uses.

11.

Short-term rental.

[Ord. No. 487, 8-8-2022]

"R-2" Two-Family Residential District. In the "R-2" Two-Family Residential District, no building or land shall be used and no building shall be hereafter erected, converted or structurally altered, unless otherwise provided for in this Chapter, except for one (1) or more of the following uses:

Any use permitted in District "R-1."

Two-family private residences.

Accessory buildings — same as District "R-1."

Short-term rental.

[Ord. No. 487, 8-8-2022]

"R-3" Multifamily Residential District. In the "R-3" Multifamily Residential District, no building or land shall be used and no building shall be hereafter erected, converted or structurally altered, unless otherwise provided for in this Chapter, except for one (1) or more of the following uses:

[Ord. No. 270 § 1, 10-12-2015]

Multifamily residences or apartments.

Boarding homes or nursing homes.

Accessory building — same as District "R-1."

Short-term rental.

[Ord. No. 487, 8-8-2022]

"R-4" Planned Unit Development District. This district is intended to provide alternate residential housing, including residential neighborhood units, clusters, condominiums and zero lot line developments. Short-term rentals may also be included. All planned unit developments must be approved by the City.

[Ord. No. 487, 8-8-2022]

"C-1" Non-Retail Commercial District. This district is intended to provide professional or service offices for the general population of the City of Duquesne. In the "C-1" Non-Retail Commercial District, no building or land shall be used and no building shall be hereafter erected, converted or structurally altered, unless otherwise provided for in this Chapter, except for one (1) or more of the following uses:

[Ord. No. 270 § 1, 10-12-2015]

Office buildings to be used only for the administrative functions of individuals, groups, companies, corporations, social or philanthropic organizations or societies.

Other offices such as:

Accountants and bookkeepers.

Architects and engineers.

Brokers.

Dentists.

Lawyers.

Physicians, chiropractors and others in the healing arts.

Real estate and insurance.

In the "C-1" Commercial District, the following regulations shall apply:

No merchandise shall be displayed or handled except inside the buildings. No equipment or vehicles other than that utilized daily shall be stored on the premises.

Nameplate and sign relating only to the occupations practiced therein are allowed. No lighted or flashing signs shall be permitted. Any nameplate or sign shall be permanently affixed to the structure and shall not exceed three (3) feet by five (5) feet.

Short-term rental.

[Ord. No. 487, 8-8-2022]

"C-2" Retail Commercial District. This district is intended to provide retail and service establishments serving the general community and others. In the "C-2" Retail Commercial District, no building or land shall be used and no building shall be hereafter erected, converted or structurally altered, unless otherwise provided for in this Chapter, except for one (1) or more of the following uses:

Uses Permitted.

Any use permitted in Districts "C-1."

[Ord. No. 270 § 1, 10-12-2015]

Banks or other financial institutions.

Bakeries.

Cleaning, pressing and dyeing plants employing not more than five (5) persons each; provided only non-explosive cleaning fluids shall be used.

Gasoline sales.

Greenhouses.

Food service establishments, including drive-in service.

Beauty or barber shops.

Publishing, including job printing.

Hospitals and clinics, including veterinary hospitals and clinics.

Mortuaries or funeral homes.

General business offices and stores.

Stores and shops for the sale of products at retail only.

Studios or broadcasting facilities (no towers).

Theaters or moving picture shows.

Wholesale sales and storage.

Shops for custom work or the manufacture of articles to be sold at retail on the premises; provided that in such manufacture total mechanical power shall not exceed five (5) horsepower for the operation of any shop and provided that the space occupied by the manufacturing use permitted herein shall not exceed fifty percent (50%) of the total floor area of the entire building or the equivalent of the ground floor area thereof and, provided further, that such manufacturing use is not noxious or offensive by reason of vibrations, noise or emission of odor, dust, smoke or gas.

Such accessory retail, professional or service uses that are necessary for convenience of citizens subject to review by the Commission to insure conformity to the intent of the regulation.

Short-term rental.

[Ord. No. 487, 8-8-2022]

"M-1" Industrial District. This district is intended primarily for the conduct of manufacturing, assembling and fabrication and for warehousing, wholesales and service uses. These operations do not depend primarily on frequent personal visits of customers or clients but may require good accessibility to major rail, air or street transportation routes.

[Ord. No. 270 § 1, 10-12-2015]

Uses Prohibited. Those uses are prohibited which may be obnoxious or offensive because of emission of odor, dust, smoke, gas, glare, noise or disposal of waste materials.

Uses permitted.

Any use permitted in District "C-2."

[Ord. No. 330 § 1, 6-12-2017]

Building materials sales yard and lumberyard, including the sale of rock, sand, gravel and the like as an incidental part of the main business, including a concrete batch plant or mix plant.

Contractor's equipment storage yard or plant or rental of equipment commonly used by contractors.

Freighting or trucking yard or terminal.

Public utility service yard or electrical receiving or transforming station.

The following uses are permitted when conducted within a completely enclosed building:

The manufacture, compounding, processing, packaging or treatment of such products as bakery goods, candies, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, soaps, toiletries and food products.

The manufacture, compounding, assembling or treatment of articles or merchandise from previously prepared materials.

The manufacture of pottery and figurines or other similar ceramic products, using only previously pulverized clay and kilns fired only by electricity or gas.

The manufacture and maintenance of electric and neon signs, commercial advertising structures, light sheet metal products, including heating and ventilating ducts and equipment, metal buildings, wood buildings and wood products.

Manufacture of musical instruments, toys and novelties.

Automobile assembling, painting, upholstering, rebuilding, reconditioning, body and fender works, truck repairing and overhauling, tire retreading or recapping and battery manufacturing.

Blacksmith shop and machine shop, excluding punch presses over twenty (20) tons rated capacity, drop hammers and automatic screw machines.

Foundry casting lightweight non-ferrous metal not causing noxious fumes or odors.

Assembly of electrical appliances, electronic instruments and devices, radios and phonographs, including the manufacture of small parts only, such as coils, capacitors, transformers, crystal holders and the like.

Wholesale storage or manufacture of alcoholic beverages or non-alcoholic beverages.

Also permitted are any buildings, structures and uses which are customarily incidental to any of the above uses.

The uses permitted under this Section shall be conducted in such a manner that no noxious odor, noise, fumes or dust will be emitted beyond the property line of the lot on which the use is located. No use shall be permitted or so operated as to produce or emit:

Smoke or particular matter of a No. 1 or darker on the Ringelmann Chart.

Dust, fly ash, radiation, gases, heat, glare or other effects, which may be injurious to humans or property at the property line.

Vibrations or perceptible concussion measured with instruments at the property line.

The noise level shall not exceed the following levels at any point along the property line.

Octave Band	Maximum Level
0 to 75 CPS	55 db
75 to 1,200 CPS	40 db
1,200 to 4,800 CPS	25 db
Above 4,800 CPS	22 db

Industrial wastes shall be of a quantity and nature as not to overburden the public sewage disposal facilities or cause odor and unsanitary effects beyond the property line.

"UD" Undeveloped Land District.

[Ord. No. 348, 10-19-2017]

This district is intended to include land which for one reason or another has not been developed or used for purposes other than agricultural.

Removing land from this district and placing it in one of the other districts requires approval of the Commission and Board.

If no dwelling unit is present on the lot, detached accessory buildings may be erected with a three-hundred-foot setback from a road to the front of the property only if it also has a three-hundred-foot foot setback from a road to the back of the property, as well as other normal setback requirements [subject to the chart set forth in Section 404.080(A)(3)(a)].

Section 404.050 Non-Conforming Uses.

[R.O. 2004 § 404.050; Ord. No. 106 § 1, 7-21-2008]

The lawful use of land existing at the time of the passage of this Chapter, although such use does not conform to the provisions hereof, may be continued, but if such non-conforming use is discontinued for a period of six (6) months, any future use of said land shall be in conformity with the provisions of this Chapter.

The lawful use of a building existing at the time of the passage of this Chapter may be continued, although such use does not conform with the provisions hereof and such use may be extended throughout the building life, provided no structural alterations, except those required by law or ordinance, are made therein. If such non-conforming building is removed, every future use of land shall be in conformity with the provisions of this Chapter.

The foregoing provisions shall also apply to non-conforming uses in districts hereafter changed.

Nothing in this Section shall be deemed to prevent the restoration of a building destroyed to the extent of not more than seventy-five percent (75%) of its reasonable value by fire, explosion or other casualty or the public enemy, nor the continued occupancy or use of such building or part thereof which existed at the time of such partial destruction.

The lawful non-conforming use of land in the expedited debris removal area pursuant to Subsection (A) of this Section on May 22, 2011, other than the use of land upon which to place a mobile home, may be continued as a non-conforming use if such use is resumed within two (2) years of the May 22, 2011, tornado; thereafter, the future use of such land shall be governed by the provisions of Subsection (A) of this Section.

[Ord. No. 199 § 1, 8-13-2012]

The lawful use of a non-conforming building within the expedited debris removal area pursuant to Subsection (B) of this Section on May 22, 2011, may be continued in a replacement building other than a mobile home if a building permit for the replacement building is issued within two (2) years, and construction completed within two (2) years plus six (6) months, of the May 22, 2011, tornado; thereafter, the future use of such building shall be governed by the provisions of Subsection (B) of this Section.

[Ord. No. 199 § 1, 8-13-2012]

Section 404.060 Height And Area Regulations In The "R-1" And "R-2" Residential Districts.

[R.O. 2004 § 404.060]

In the "R-1" and "R-2" Residential Districts, the height of buildings, the minimum dimensions of yards and the minimum lot area per family shall be as follows:

Height. No building hereafter erected or structurally altered shall exceed forty-five (45) feet or three and one-half (3 1/2) stories, whichever is less, except as provided in Section 404.080.

Rear Yard. There shall be a rear yard having a depth of not less than twenty-five (25) feet, provided that for lots less than one hundred (100) feet in depth and of record at the time of passage of these zoning regulations, the rear yard requirements shall be reduced to twenty percent (20%) of the depth of such lot, except as provided in Section 404.080.

Side Yard. Any building hereafter constructed shall provide for a side yard on each side of the building measuring not less than ten (10) feet. Buildings on corner lots shall provide a side yard on the street side of not less than twenty-five (25) feet measured from the side property line abutting the street right-of-way. Provided this regulation shall not be so interpreted as to reduce the buildable width of a corner lot in separate ownership at the time of the passage of this Chapter.

Front Yard. Any building hereafter constructed shall provide for a front yard, the minimum depth of which shall be at least twenty-five (25) feet measured from the front property line abutting the street right-of-way to the front line of the building for the first thirty-five (35) feet of building height with one (1) additional foot of setback for each additional two (2) feet of building height above thirty-five (35) feet and not less than fifteen (15) feet to the front line of an open porch or paved terrace.

Lot Area Per Family.

Every single-family dwelling hereafter erected, moved or altered shall provide a lot area of not less than nine thousand (9,000) square feet per family, provided that where a pre-existing lot has less area than herein required and met pre-existing square footage regulations, this regulation shall not prohibit the erection of a single-family dwelling. In determining the lot area, no part thereof within the limits of the street right-of-way shall be included.

[Ord. No. 323 § 1, 2-13-2017]

Every two-family building shall provide a lot area of not less than five thousand five hundred (5,500) square feet per family. In determining the lot area, no part thereof within the limits of the street right-of-way shall be included.

The combined lot area of all attached accessory buildings may not exceed the lot area of the dwelling unit.

[Ord. No. 348, 10-19-2017]

The combined lot area of all detached accessory buildings is subject to Section 404.080.

[Ord. No. 348, 10-19-2017]

Lot Width.

[Ord. No. 323 § 1, 2-13-2017; Ord. No. 351 § 1, 1-8-2018]

The minimum width of an "R-1" lot shall be ninety (90) feet at the front setback line, provided that where a pre-existing lot has less width than herein required and met pre-existing width regulations, this regulation shall not prohibit the erection of a single-family dwelling.

The minimum width of an "R-2" lot shall be one hundred ten (110) feet at the front setback line, provided that where a pre-existing lot had less width than herein required and met pre-existing width regulations, this regulation shall not prohibit the erection of a two-family dwelling.[1]

[1]

Editor's Note: Original Subsection (B), regarding special lot usage regulations for accessory uses in the R-1 Residential District, as added 3-9-2015 by Ord. No. 257, which immediately followed this Subsection, was repealed 10-9-2017 by Ord. No. 348.

Section 404.065 Height And Area Regulations In The "R-3" Residential District.

[R.O. 2004 § 404.065; Ord. No. 106 § 1, 7-21-2008]

In the "R-3" Multifamily, Apartment House Residential District, the height of buildings, the minimum dimension of yards and the minimum lot area per family shall be as follows:

[Ord. No. 351 § 2, 1-8-2018]

Height. No building hereafter erected or structurally altered shall exceed forty-five (45) feet or three and one-half (3 1/2) stories, whichever is less.

Front Yard. Any building hereafter constructed shall have a front yard with a depth of not less than twenty-five (25) feet measured from the front property line abutting the street right-of-way to the front line of the building for the first thirty-five (35) feet of building height with one (1) additional foot of setback for each additional two (2) feet of building height above thirty-five (35) feet and not less than fifteen (15) feet to the front line of an open porch or paved terrace.

Rear Yard. There shall be a rear yard having a depth of not less than twenty-five (25) feet for the first thirty-five (35) feet of building height with one (1) additional foot of setback for every two (2) feet of building height above thirty-five (35) feet.

Side Yards. There shall be a side yard on each side of a building having a width of not less than ten (10) feet for the first thirty-five (35) feet of building height except that not less than twenty-five (25) feet shall be provided on the street side of a corner lot. For buildings with a height of more than thirty-five (35) feet, one (1) additional foot of setback on each side shall be added for every two (2) feet of building height above thirty-five (35) feet.

Lot Area Per Family. Every "R-3" multifamily dwelling hereafter erected, moved or altered shall provide a lot area of not less than four thousand (4,000) square feet per family with a minimum lot area of twelve thousand (12,000) square feet, provided that where a pre-existing "R-3" lot has less area than herein required and met pre-existing square footage regulations, this regulation shall not prohibit the erection of a multifamily dwelling. In determining the lot area, no part thereof within the limits of the street right-of-way shall be included.

Lot Width. The minimum width of an "R-3" lot shall be one hundred twenty (120) feet plus thirty (30) feet for each story over two (2) at the front setback line, provided that where a pre-existing lot has less width than herein required and met pre-existing width regulations, this regulation shall not prohibit the erection of a multifamily dwelling.

Section 404.066 Height And Area Regulations In The "R-4" Planned Unit Development District.

[R.O. 2004 § 404.066; Ord. No. 106 § 1, 7-21-2008]

In the "R-4" Planned Unit Development District, the height of buildings, the minimum dimensions of yards and the minimum lot area per family shall be as follows:

Height. No building hereafter erected or structurally altered shall exceed three (3) stories or forty-five (45) feet, except as provided in Section 404.080.

Front Yard. Any building hereafter constructed shall have a front yard with a depth of not less than twenty-five (25) feet to the front line of the building for the first thirty-five (35) feet of building height with one (1) additional foot of setback for each additional two (2) feet of building height above thirty-five (35) feet and not less than fifteen (15) feet to the front line of an open porch or paved terrace. See provisions for "R-1."

Rear Yard. There shall be a rear yard having a depth of not less than twenty-five (25) feet; provided, however, that for lots less than one hundred (100) feet in depth and of record at the time of passage of this Section, the rear yard requirements shall be reduced to twenty percent (20%) of the depth of such lot, except as provided in Section 404.080.

Side Yard. There shall be a side yard on each side of a building having a width of not less than ten (10) feet for a one-story building and fifteen (15) feet for a two-story building. The additional side yard is necessary due to the size of buildings.

Lot Size. The lot shall provide at least two thousand (2,000) square feet per living unit.

Lot Width. The minimum lot width for construction of a multifamily dwelling shall be eighty (80) feet plus thirty (30) feet for each story over two (2).

Section 404.070 Height And Area Regulations In The "C-1" Non-Retail Commercial District.

[R.O. 2004 § 404.070; Ord. No. 106 § 1, 7-21-2008]

In the "C-1" Non-Retail Commercial District, the height of buildings, the minimum dimensions of yards shall be as follows:

Height. No building hereafter erected or structurally altered shall exceed forty-five (45) feet or three (3) stories, except as provided in Section 404.080.

Front Yard. There shall be a front yard of not less than twenty-five (25) feet, except as provided in Section 404.080.

Rear Yard. There shall be a rear yard of not less than fifteen (15) feet, except as provided in Section 404.080.

Side Yard. There shall be a side yard of not less than fifteen (15) feet, except as provided in Section 404.080.

Section 404.071 Height And Area Regulations In The "C-2" Retail Commercial District.

[R.O. 2004 § 404.071; Ord. No. 106 § 1, 7-21-2008]

In the "C-2" Retail Commercial District, the height of buildings, the minimum dimensions of yards and the minimum lot area shall be as follows:

Height. Buildings or structures shall not exceed three (3) stories or forty-five (45) feet in height.

Front Yard. Any building hereafter constructed shall provide a front yard, the minimum depth of which shall be twenty-five (25) feet.

Rear Yard. There shall be a rear yard of not less than fifteen (15) feet, except that when a rear lot line abuts a lot in a residential district, a rear yard of not less than twenty (20) feet shall be provided.

Side Yard. There shall be a side yard of not less than fifteen (15) feet.

Gasoline Sales. Any commercial operation selling gasoline shall have a minimum of ten thousand (10,000) square feet of lot area to increase safety.

Section 404.075 Height And Area Regulations In The "M-1" Industrial District.

[R.O. 2004 § 404.075; Ord. No. 106 § 1, 7-21-2008]

In the "M-1" Industrial District, the height of buildings, the minimum dimensions of yards shall be as follows:

Height. Any building hereafter erected or structurally modified shall not exceed fifty (50) feet in height. Structures, not buildings, shall not exceed one hundred (100) feet in height and shall be set back from all property lines a distance equal to its height.

Yard. Any building hereafter erected or structurally altered shall provide a front yard of not less than twenty-five (25) feet and rear and side yards of not less than twenty-five (25) feet.

Section 404.080 Height, Area And Yard Exceptions.

[R.O. 2004 § 404.080; Ord. No. 106 § 1, 7-21-2008]

The regulations and requirements as to height of buildings and area of lots that may be occupied by buildings, front yards, side yards, rear yards and other regulations and requirements as stated in the foregoing Sections shall be subject to the following exceptions and additional regulations:

Height. Public or semipublic buildings, hospitals, sanitariums or schools may be erected to a height not exceeding seventy-five (75) feet when each of its front, side and rear yards are increased an additional foot for each foot such buildings exceed forty-five (45) feet in height.

Area.

For the purpose of side yard regulations, a two-family dwelling shall be considered as one (1) building occupying one (1) lot.

In computing the depth or width of a yard for any building where such yard abuts on an alley, one-half (1/2) of such alley may be assumed to be a portion of the yard.

In computing lot area, no part thereof within the limits of the street right-of-way shall be included.

A through lot having one (1) end abutting a limited access highway, with no access permitted to that lot from said highway, shall be deemed to front upon the street that gives access to that lot.

Yard Exceptions — Pertaining To Accessory Buildings.

[Ord. No. 348, 10-19-2017]

Maximum lot area for all combined detached accessory buildings is as follows:

Lot Size	Maximum Combined Structure Size
0 to 8,000 square feet	560 square feet
8,001 to 10,890 square feet	800 square feet
10,891 to 21,780 square feet	1,080 square feet
21,781 to 43,559 square feet (1/2 acre)	2,000 square feet
43,560 square feet (1 acre)	2,500 square feet per each acre

No single detached accessory building within 300 feet of a road to the front or back of the property shall have a square footage larger than the square footage of the main dwelling unit.

The combined square footage of all attached accessory buildings shall be no larger than the square footage of the main dwelling unit.

In any district, within 300 feet of a road to the front or back of the property, the height restriction for a detached accessory building shall not exceed the overall height of the main building.

In any district, no single detached accessory building shall be erected in any required or established front yard and shall not occupy more than thirty percent (30%) of the required rear yard.

A detached accessory building shall not be located within six (6) feet of any rear property line, nor within ten (10) feet of any side property line, nor within twenty five (25) feet of a side corner lot line along any street property line, nor within two (2) feet of an easement restriction.

Swimming pools are subject to Section 404.086.

Other Yard Exceptions In Any District.

Every part of a required yard shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, belt courses, cornices, buttresses, ornamental features and eaves; provided, however, that none of these projections shall extend into a court more than six (6) inches nor into a required yard more than twenty-four (24) inches.

Open or enclosed fire escapes, fireproof outside stairways and balconies projecting into a minimum yard not more than three and one-half (3 1/2) feet and the ordinary projections of chimneys and flues may be permitted where same are so placed as not to obstruct the light and ventilation.

In the case of group houses or court apartments, buildings may rear upon the required side yard, provided:

For group houses the required side yard shall be increased by one (1) foot for each building abutting thereon.

For apartment houses the required side yard shall be increased by one (1) foot for each stairway opening onto or served by such side yard.

The width of the place or court shall not be less than three (3) times the width of the side yard as required in this provision, provided that open unenclosed porches may project into a required place or court not more than twenty percent (20%) of the width of such place or court.

Where a roadway is provided in the place or court, the width allowed for such roadway shall be in addition to that required above.

All other requirements, including front, side and rear yards shall be complied with in accordance with the district in which such group houses or court apartments are located.

Section 404.081 Short-Term Rental.

[Ord. No. 487, 8-8-2022]

Standards for short-term rental uses, shall be as follows:

Occupancy. Structures with three (3) bedrooms or fewer shall be limited to no more than two (2) persons per bedroom. Structures with four (4) bedrooms or more shall be limited to no more than one and one-half persons (1 1/2) per bedroom. Where the total allowable occupancy calculation results in a fraction, the allowable occupancy limit shall be rounded up.

License. Short-term rentals shall attain an annual business license.

Display Of Materials. All short-term rental uses shall be required to conspicuously post the following information within the rental:

Name and contact information for the individual responsible for the day-to-day operations of the rental.

A copy of the Certificate of Occupancy.

A copy of the approved business license.

Refuse and recycling collection schedule.

City of Joplin noise ordinance.

A statement that no short-term rental shall be rented or used for the sole purpose of receptions, parties, weddings, or other similar event.

Events. No short-term rental shall be rented or used for the sole purpose of receptions, parties, weddings, or other similar event.

Exterior. There shall be no alteration to the exterior of a structure or site that changes the residential character of said structure or site.

Parking. Adequate off-street parking shall be provided at a rate of one (1) space per bedroom.

Residential Districts. In the "UD," "R-1," "R-2," "R-3," and "R-4" Residential Districts, short-term rental uses shall be located no closer than two hundred (200) feet to any other licensed short-term rental use. Measurement shall be made from the nearest lot line of lot in question to the nearest lot line of existing licensed short-term rental uses.

Non-Residential Districts. The "C-1" and "C-2" Non-Residential Districts shall be limited to not more than two (2) short-term rentals on a single property.

Application procedure for short-term rental permits shall be as follows:

Applications for short-term rental uses shall be filed upon forms prescribed by the City, setting forth the legal description of the lot, tract, or parcel of land, together with a general description of any building or structure thereon, including the approximate size, square footage, number of bedrooms, and number of parking spaces; location of the building and parking upon the lot, tract, or parcel; and any other information deemed necessary by the City Clerk.

Applications for short-term rental permits shall be submitted for approval to the City Clerk.

A fee of three hundred fifty dollars ($350.00) shall accompany each short-term rental application. Said fee shall be deposited with the City Clerk at the time said application is filed.

Short-term rental permits shall be issued as followed:

Short-term rental permits shall be issued or refused by the City Clerk within thirty (30) days after receipt of an application or within such further period as may be agreed to by the applicant. No short-term rental permit shall be issued unless all requirements of the zoning and subdivision regulations are met. In the event of refusal to issue a short-term rental permit upon an application based upon non-compliance with the provisions of this Section, the applicant shall have the right to appeal to the Board of Adjustment as set forth in Section 404.100 of the City Code.

The City Clerk shall provide written notice that a short-term rental application has been received to owners of record of lands located within at least one hundred eighty-five (185) feet of the property indicated in said application. Notices shall include a statement that a complete legal description is available for public inspection and shall indicate where such information is available. When the notice has been deposited in the mail, failure of a party to receive such notice shall not invalidate any subsequent action taken by the City Clerk. Such notice is sufficient to permit the City Clerk to issue or refuse a permit.

If a protest against such permit is filed in the office of City Clerk, duly signed by the owners of thirty percent (30%) or more, within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the property indicated in said application, the application for a short-term rental permit shall be refused by the City Clerk. Said protest shall be received by the office of the City Clerk no later than fifteen (15) days after the date of postmark on the written notice mailed to owners of record of lands located within at least one hundred eighty-five (185) feet.

A permit issued by the City Clerk is subject to revocation under the terms of Section 605.090 of the City Code.

Section 404.085 Fences.

[R.O. 2004 § 404.085; Ord. No. 106 § 1, 7-21-2008]

Fences Are Regulated In All Areas Of The City. A building permit and a fence application form which shows a lot sketch, all easements and the fence location are required and must be submitted to the City Clerk prior to a fence being installed or rebuilt. An inspection fee of twenty-five dollars ($25.00) is payable at the time of application. Generally, fences up to six (6) feet in height are permitted for rear yard privacy; low profile ornamental fences or walls are permitted in the front yard. The determination of the eligibility of the proposed location of the fence shall be made by the City Clerk and Building Inspector whose decision may be appealed to the Board of Adjustment.

The applicant agrees that if the fence application is to place a fence of any type on a dedicated easement, such application shall not waive the right of the City to enter upon said property unobstructed for the purpose of repair or maintenance of its utilities. Further, the applicant agrees that if the City finds it necessary for such access, any obstruction on an easement may be removed by the City as set forth in Section 520.050, Unlawful Obstructions And Deposits.

Except as otherwise specifically provided in other codes and regulations, the following regulations shall apply to the construction of fences:

Fencing for safety purposes shall be required wherever dwellings or manufactured homes are built or installed on lots abutting major streets as defined in these regulations or railroad right-of-way.

No fence shall be constructed which will constitute a traffic hazard.

Except for property zoned for agricultural use or actually used for agricultural use, no fence shall be constructed in such a manner or be of such design as to be hazardous or dangerous to persons or animals.

No person shall erect or maintain any fence which will materially and unreasonably damage the adjacent property by obstructing the view, shutting out the sunlight or hindering ventilation or which fence shall adversely affect the public health, safety and welfare.

No fence, except fences erected upon public or parochial school grounds or in public parks and in public playgrounds, shall be constructed of a height greater than four (4) feet in the front or six (6) feet elsewhere; provided, however, that the Commission may, as a special use, authorize the construction of a fence higher than six (6) feet if the Commission finds the public welfare is served.

It shall be unlawful for any person to erect or maintain any fence or other like structure except as follows:

In "R-1," "R-2" and "R-3," a privacy fence may be erected on the rear of a property and shall be no more than six (6) feet high. However, a fence shall not be erected that would place it in front of the dwelling on the adjoining property. Further, if the rear yard to be fenced adjoins the property of a dwelling located on a cul-de-sac, the fence shall not be located closer to the nearest portion of the midpoint of the dwelling on the adjoining property. The determination of the proper location of the fence according to the City Code shall be made by the City Clerk or Building Inspector.

Decorative fences may be erected on any lot, except as provided above, and shall be no more than four (4) feet high and be of open construction.

Security fences may be erected on any business or industrial lot to a height of not more than twelve (12) feet, except the top four (4) feet must be open wire or woven wire or barbed wire construction.

Open wire fences for the enclosure of private tennis courts may be constructed to a height of not more than twelve (12) feet but must be set back from all property lines at least six (6) feet.

Materials allowed for construction of a privacy or a decorative fence include wood, woven wire, chain link, wrought iron, concrete material and plastic resin. Maximum board width is twelve (12) inches for solid, staggered or "basket weave" fences. Solid panels such as plywood, wafer board, etc., will not be allowed, except around construction sites for public safety and must be removed upon issuance of a certificate of occupancy.

All framework of a wood fence, privacy or decorative, must be on the inside portion of the fence and all posts of a wire fence must be inside of the fabric. All posts (except metal "T" line posts) must be set in concrete to a minimum depth of eighteen (18) inches and a minimum of four (4) inches by four (4) inches. Metal "T" posts can be driven.

Dilapidated Fences. No person shall permit, cause, keep, maintain or allow a fence within the corporate limits of the City of Duquesne in a dilapidated or dangerous condition.

Dangerous Fences. Except for property zoned for agricultural use or actually used for agricultural use, any person who shall place or permit to be placed or remain on or along any railroad or building front or any part of a building, fence or premises adjacent or contiguous to any right-of-way or public way or residence any spikes or sharp-pointed cresting or any barbed wire [except as permitted in Subsection (B)(2)(c), Security Fences, above] or electrified fence dangerous or liable to tear, snag, cut or injure anyone coming in contact therewith shall be deemed guilty of an ordinance violation.

Declared Nuisance. All fences or other like structures erected or maintained in violation of this Section are hereby deemed and declared to be a nuisance and any owner or occupant of a lot or tract of land upon which a nuisance exists shall be deemed guilty of an ordinance violation. Each day on which such violation continues shall constitute a separate offense.

Section 404.086 Swimming Pools.

[R.O. 2004 § 404.086; Ord. No. 106 § 1, 7-21-2008]

All pools and auxiliary structure and equipment at private residences intended only for the use of the owners and their guests shall comply with the International Residential Code currently in effect pursuant to Section 500.110 of the City Code, a copy of which is on file in the office of the City Clerk.

No swimming pool or appurtenances shall be constructed without first submitting appropriate site plans as requested in the building permit and before said building permit is approved by the City.

Private swimming pools shall not encroach on any front or side yard required by this Chapter. No wall of a swimming pool shall be located less than six (6) feet from any rear property line; ten (10) feet from any side property line; nor fifteen (15) feet from any street property line. In no instance shall the deck area or other appurtenant structures be nearer than five (5) feet to an adjoining lot line or, in the event of an easement restriction, no closer than two (2) feet from the easement.

Private swimming pools, spas and hot tubs shall be enclosed in accordance with 2000 International Residential Code Section AG 105 Barrier Requirements or by other approved barriers. These enclosures shall be constructed within thirty (30) days after the completion of the pool. All other portable pools, seasonal pools, hot tubs or spas shall be constructed at time of installation prior to use.

This Section shall not be construed to relieve from or lessen the responsibility or liability of any party owning, operating, controlling or installing a swimming pool or family pool; nor shall the City or any of its inspectors, agents or employees be held as assuming any such liability by reason of the inspection authorized herein or permits issued as herein provided.

A portable spa with a safety cover which complies with ASTM F 1346-91 is exempt from the above guidelines. However, all swimming pools, hot tubs and non-portable spas with safety covers are required to have an approved barrier around them.

Section 404.087 Renewable Energy Systems.

[Ord. No. 387 § 1, 11-12-2018]

Definitions. For purposes of this Section, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number and words in the singular number include the plural number. All capitalized terms used in the definition of any other term shall have their meaning as otherwise defined in this Section. The words "shall" and "will" are mandatory and "may" is permissive. The terms "standards," "regulations," and "requirements" indicate specific items with which the applicant or property owner must comply. Compliance with standards, regulations, and requirements is mandatory. Words not defined shall be given their common and ordinary meaning.

AMBIENT SOUND LEVEL

For the purposes of WECS regulations, the sound pressure level exceeded ninety percent (90%) of the time, or L90, at a given location. Also, the amount of background noise at a given location prior to the installation of a WECS, which may include, but is not limited to, traffic, machinery, general human activity, and the interaction of the wind with the landscape. Ambient sound level is measured on the decibel dB(A) weighted scale as defined by the American National Standards Institute (ANSI).

APPLICANT

Any person that applies for a building permit.

APPLICATION

The process by which an applicant submits a request and indicates a desire to be granted a building permit under the provisions of this Section. An application includes all written documentation, verbal statements and representations, in whatever form or forum, made by an applicant to the City concerning such a request.

AXIS

For purposes of WECS regulations, the plane on which a rotor or other wind-harnessing mechanism rotates. City regulations do not differentiate between horizontal and vertical axis WECS.

BLADES

The aerodynamic surface that catches the wind.

BRAKING

A method of overspeed control that utilizes a disc brake.

BUILDING-MOUNTED SOLAR ENERGY SYSTEM

A solar energy system affixed to either a principal or accessory structure on a lot.

CUTOFF ANGLE

The angle formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from the light source above from which no light is emitted.

DOE

The Federal Department of Energy.

FALL ZONE

For purposes of WECS regulations, the hypothetical area into which a tower and wind turbine could collapse in the event of a structural failure.

FEEDER LINE

For purposes of WECS regulations, any power line that carries electrical power from one (1) or more wind turbines or individual transformers associated with an individual wind turbine to the point of interconnection with the electric power grid. In the case of interconnection with the high voltage transmission systems, the point of interconnection shall be the substation servicing the WECS.

GENERATOR NAMEPLATE CAPACITY or NAMEPLATE GENERATING CAPACITY (INSTALLED)

For purposes of WECS regulations, the maximum rated output of a generator, prime mover, or other electric power production equipment under specific conditions designated by the manufacturer. Installed generator nameplate capacity is commonly expressed in kilowatts (kW) or megawatts (MW) an in usually indicated on a nameplate physically attached to the generator.

GROUND-MOUNTED SOLAR ENERGY SYSTEM

A solar energy system that is not attached to another structure and is affixed to the ground.

HEIGHT, WECS SYSTEM

The height above grade of the WECS, including the generating unit and the highest vertical extension of any blades or rotors.

HORIZONTAL AXIS WIND TURBINES (HAWTs)

The type of wind turbine that has the main rotor shaft and electrical generator at the top of the tower, and must be pointed into the wind. The turbine is generally pointed upwind of the tower, and the blades placed some distance in front of the tower.

INTERCONNECTION

For purposes of WECS regulations, sharing energy through the local utility grid system. This requires an approved interconnection agreement with the pertinent electric utility provider serving the site, e.g., Liberty Utilities.

MICRO WIND TURBINE (MWT)

A wind energy conversion system (WECS) consisting of a wind turbine, tower (unless roof-mounted), and associated control or conversion electronics, which has a rated capacity of 10 kilowatts or less.

MONOPOLE TOWER

A small scale wind generation facility tower consisting of a single freestanding pole or spire self-supported on a permanent foundation constructed without guy wire, ground anchors, or other supports.

OFF-GRID

For purposes of WECS regulations, an electrical system that is not connected, or is not permitted to be connected, to any utility distribution and transmission facility or to any building or structure that is connected.

PROPERTY LINE

For purposes of WECS regulations, the boundary line of the area over which the entity applying for WECS permit has legal control for the purposes of installation of a WECS. This control may be attained through fee title ownership, easement, or other appropriate contractual relationship between landowners.

RENEWABLE ENERGY SYSTEM

Equipment and appurtenances used in the production of energy through the conversion of sun and wind energy, which includes solar energy and wind energy systems.

ROTOR

For purposes of WECS regulations, an element of a WECS that acts as a multi-bladed airfoil assembly, thereby directly extracting through rotation the kinetic energy of wind.

ROTOR DIAMETER

For the purposes of WECS regulations, the diameter of the circle described by the rotor blades. See also "swept area."

SHADOW FLICKER

For purposes of WECS regulations, alternating changes in light intensity caused by the moving blades of a wind energy conversion system that casts moving shadows on the ground and stationary objects.

SOLAR ENERGY COLLECTOR

The component of a solar energy system containing the flat plate or tube or other devices that absorb energy from the sun when exposed to sunlight.

SOLAR ENERGY EQUIPMENT

The solar energy collectors, electronics, disconnects, valves, and other appurtenances associated with a solar energy system.

SOLAR ENERGY SYSTEM

A complete design or assembly consisting of a solar energy collector, and energy storage facility (where used), and components of the distribution of transformed energy.

SOUND PRESSURE LEVEL

The sound measurement commonly reported in decibels [dB(A)].

SWEPT AREA

For purposes of WECS regulations, the diameter of the least circle encompassing all blades for a WECS. Also any and all portions of overhanging blades, turbines, or attachments that oscillate, rotate or otherwise move, which are not part of the fixed structural elements of the wind energy conversion system, including those on vertical axis WECS. See also the definition for "rotor diameter."

TOWER

For purposes of WECS regulations, the vertical component of a WECS that elevates and supports the wind turbine generator, rotor blades, and other equipment above the ground.

WIND ENERGY CONVERSION SYSTEM (also referred to as a "WECS")

The configuration of components including the base, tower, generator, rotor blades and related equipment to covert the kinetic energy of wind into electrical energy (e.g., windmill or wind turbine). A wind energy conversion system which has a nameplate rated capacity of up to one hundred (100) kilowatts and is incidental and subordinate to a principal use on the same parcel.

WIND ENERGY CONVERSION SYSTEM, CO-LOCATED

A WECS that is mounted on a tower or pole structure which serves another primary purpose such as a flagpole. Co-located systems are permitted per the rules of this Chapter, so long as the principal use or structure is located on the subject parcel.

WIND ENERGY CONVERSION SYSTEM, COMMERCIAL

A WECS that is intended to produce electricity for sale to a rate-regulated or non-regulated utility or for use off site. For the purpose of this Section, a commercial WECS has a total nameplate generating capacity equal to or greater than one hundred (100) kW.

WIND ENERGY CONVERSION SYSTEM, FREESTANDING

A WECS that is elevated by means of a monopole tower and is not located on another supporting structure. Guyed, lattice, or other non-monopole style towers shall not meet this definition.

WIND ENERGY CONVERSION SYSTEM, NON-COMMERCIAL

A WECS of less than one hundred (100) kW in total nameplate generating capacity that is not operated on a for-profit basis. A WECS that is interconnected with the pertinent electric utility or that receives credits or rebates for energy transmitted to the power grid is not by that reason alone operated on a for-profit basis.

WIND ENERGY CONVERSION SYSTEM, SMALL

A WECS of less than ten (10) kW in total nameplate generating capacity.

WIND TURBINE

A piece of electrical generating equipment that aids in the conversion of the kinetic energy of wind into electrical energy.

Wind Energy Conversion Systems (WECS).

General Provisions. The City of Duquesne finds and declares that wind energy is an abundant, renewable and non-polluting energy resource of the City and that its conversion to electricity will reduce our dependence on non-renewable energy sources and decreases the air and water pollution that results from the use of conventional energy sources.

The City of Duquesne further finds and declares that:

(1)

Wind turbines that convert wind energy to electricity are currently available on a commercial basis from many manufacturers.

(2)

The generation of electricity from properly sited wind turbines can be cost effective and, in many cases, exiting power distribution systems can be used to transmit electricity from wind-generating stations to utilities or other users.

(3)

Regulation of the location and installation of wind turbines is necessary for the purpose of protecting the health and safety of neighboring property owners and the general public.

Windmills used for the production of electric current or wind energy conversion systems (WECS) are permitted subject to the following general conditions:

(1)

The primary purpose of the WECS device must be to provide power for the principal use of the property on which it is located and shall not be for the generation of power for commercial purposes. This provision shall not be interpreted to prohibit the sale of excess power generated from time to time.

(2)

The WECS and its location on the property involved shall be designed in such a manner as to eliminate any nuisances to surrounding properties and to limit any noise from said WECS from being heard beyond the boundaries of the property where said WECS is located.

(3)

No variance shall be granted in connection with a proposed WECS to permit a height greater than allowed in this Chapter for each district. The height of the device shall be defined as the distance between the base of the tower and the highest point of the wind energy conversion system. For a horizontal axis wind turbine, the highest point shall be the highest vertical point of the swept rotor arc. No device may be located so close to a property line or building as to result in any portion of the device at any time, whether erect or in the event that the device should fall or be toppled, to overhang, cross or otherwise extend beyond the property line.

(4)

The minimum distance between the ground and any rotor shall be twenty (20) feet.

(5)

No WECS shall be located in any required front yard area.

(6)

No WECS device shall be permitted which causes interference with the reception of television, radio or other communications signals for adjoining properties.

(7)

An automatic braking, governing or feathering system shall be required to prevent uncontrolled rotation.

(8)

All electrical wires associated with a wind energy system shall be located underground except for those wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires.

(9)

No television, radio, or other communication antenna may be affixed or otherwise made a part of a WECS.

(10)

Only monopole non-commercial WECS are permitted.

Specific Requirements.

Permits. Only one (1) WECS is allowed per lot. A renewable energy permit application is required for all systems and shall be submitted to the City of Duquesne, accompanied with the appropriate permit fee and inspection fees applicable set forth by the City of Duquesne in Section 500.060, Application And Fees. A renewable energy permit application, which will act as the building permit, upon approval from the City Building Inspector shall include the following information:

(1)

Name and address of applicant.

(2)

Evidence that the applicant is the owner of the premises involved or that owner has granted permission on a renewable energy permit application.

(3)

A plot plan and development plan drawn in sufficient detail to clearly describe:

(a)

Property lines and physical dimensions of the site.

(b)

Location, approximate dimensions and types of major existing structures and uses on site.

(c)

Location and elevation of the proposed WECS.

(d)

Location of all aboveground utility lines on site or within one (1) radius of the total height of the WECS.

(e)

Location and size of structures and trees above thirty-five (35) feet for all immediate and adjacent properties of the proposed WECS. For purposes of this requirement, electrical transmission and distribution lines, antennas and slender or open lattice towers are not considered structures.

(f)

Show the zoning designation of immediate and adjacent sites.

(g)

Include make, model, picture and manufacturer's specifications, including noise decibels.

(4)

No building permit shall be issued for a system until a copy of the utility company's approval for interconnection of a customer-owned generator has been provided. Off-grid systems shall not be permitted, unless by special use permit approval.

Installation And Operation. Installation of all wind energy conversion systems shall comply with the following requirements:

(1)

Compliance with National Electrical Code, International Building Code, and International Residential Code.

(a)

WECS applications shall be accompanied by a line drawing identifying the electrical components of the wind system to be installed in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code, International Building Code, and International Residential Code as currently adopted by the City. The application shall include a statement from a registered professional engineer or licensed electrician indicating that the electrical system conforms with good engineering practices and complies with the National Electrical Code. This certification would normally be supplied by the manufacturers. All equipment and materials shall be used or installed in accordance with such drawings and diagrams.

(b)

Where the electrical components of an installation vary from the standard design or specifications, the proposed modifications shall be reviewed and certified by a registered professional engineer for compliance with the requirements of the National Electrical Code and good engineering practices.

(2)

Rotor Safety. Each wind energy conversion system must be equipped with both manual and automatic controls to limit the rotational speed of the blade below the design limits of the rotor. The application must include a statement by a registered professional engineer certifying that the rotor and overspeed controls have been designed and fabricated for the proposed use in accordance with good engineering practices. The engineer should also certify the structural compatibility of possible towers with available rotors. This certification would normally be supplied by the manufacturer and include the distance and trajectory of the thrown blade from an exploding turbine or propeller according to the Loss of Blade Theory.

(3)

Tower Access. Towers should have either:

(a)

Tower-climbing apparatus located no closer than twelve (12) feet from the ground;

(b)

A locked anti-climb device installed on the tower; or

(c)

The tower shall be completely enclosed by a locked, protective fence at least six (6) feet high. A fence permit must be obtained if constructing a new fence to meet this requirement.

(4)

Noise. The WECS shall meet the requirements of any existing noise ordinance of the City of Duquesne.

(5)

Electromagnetic Interference. The wind energy conversion system shall be operated in a manner such that no disruptive electromagnetic interference is caused. If it has been demonstrated to a City Inspector that a wind energy conversion system is causing harmful interference, the operator shall promptly mitigate the harmful interference.

(6)

Signs. At least one (1) sign shall be posted at the base of the tower warning of electrical shock or high voltage. Systems shall not be used as signs or used to support signage. Exceptions include appropriate warning signage and reasonable identification of the manufacturer, installer, or operator.

(7)

Setbacks.

(a)

The WECS shall be set back from any property line, aboveground utility line or other WECS a distance greater than two (2) times its overall height, including blades, to property lines, and three (3) times its overall height to any structures.

(b)

Contiguous property owners may construct a WECS for use in common, provided that the required setback is maintained relative to the property lines of non-participant owners.

(8)

Structural Integrity. The applicant must submit a written certification from a Missouri-licensed structural engineer providing details of the weight of the WECS, certifying that the supporting structure has the structural integrity to carry the weight and wind loads of the WECS.

(9)

Abatement. The City reserves the right to perform an inspection periodically to verify the system is being maintained. If a wind energy conversion system or systems are not maintained in operational condition for a period of six (6) months and/or pose a potential nuisance or safety hazard, the owner or operator shall take expeditious action to remedy the situation. The City reserves the authority to abate any hazardous situation and to pass the cost of such abatement on to the owner or operator of the system. If the City determines that the WECS has been abandoned and/or poses a nuisance or safety hazard, the system shall be removed within forty-five (45) days of written notice to the owner or operator of the system.

(10)

Lighting Of The Tower. Lighting of the tower for aircraft and helicopter will conform with FAA standards for wattage and color.

(11)

Environmental Impact. The project must be viewed for visual pollution and for a possible environmental impact statement. Systems shall be a neutral, non-reflective color designed to blend with the surrounding environment.

(12)

Shadow Flicker. No WECS shall be installed and operated in a manner that causes shadow flicker to fall on or in any residential dwelling existing at the time of application to install a WECS is received by the City. The applicant has the burden of proving that this effect does not have significant adverse impact on neighboring or adjacent uses, either through siting or mitigation. Shadow flicker expected to fall on an adjacent parcel or roadway may be acceptable if the flicker does not exceed thirty (30) hours per calendar year. If such flicker is likely, the applicant shall, at the applicant's sole expense, furnish a flicker study for City review.

Solar Energy Systems.

Purpose. The purpose of this Subsection is to balance the need for clean, renewable energy resources and the necessity to protect the public health, safety and welfare of the community. The City of Duquesne finds these regulations are necessary to ensure that solar energy systems are appropriately designed, sited, and installed.

General Provisions. The provisions of this Section shall apply to the construction and /or installation of all roof- and ground-mounted solar panels:

Solar energy panels are allowed in all zoning districts as an accessory use to the principal use of the property.

All accessory solar panel installations shall provide documentation to the City of Duquesne verifying the compliance with the renewable energy requirements.

Solar energy systems shall be documented by the manufacturer as being non-reflective pursuant to recognized engineering standards showing reflectivity of less than 30 percent (30%) or shall be placed such that concentrated sunlight or glare shall not be directed onto nearby properties or streets.

Solar energy equipment must comply with all setback and lot coverage requirements for the zoning district in which the property is located.

All power transmission lines from a structure- or ground-mounted solar energy system to any building, structure, or utility pole/line shall be located underground.

A solar energy system shall not be used to display advertising, including signage, streamers, pennants, reflectors, balloons, flags, banners or similar materials. The manufacturer's information and equipment information, warning, or indication of ownership shall be allowed on any equipment of the solar energy system provided that the signage is not for advertising purposes.

All active solar systems shall meet approval of the City of Duquesne's construction codes. Installation must conform to the National Electrical Code, International Building Code, and International Residential Code as currently adopted by the City.

All exterior electrical or plumbing lines must be painted in a color scheme that matches as closely as possible the color of the structure and the materials adjacent to the lines when visible from the street.

No solar energy system shall be installed until evidence has been presented to the City of Duquesne that the owner has submitted notification to the utility company of the customer's intent to install an interconnected customer owned generator. Off-grid systems shall not be permitted, unless by special use permit approval.

Any other uses of solar energy systems not contained in this Section must be approved through the process of a special use permit.

Abatement. The City reserves the right to perform an inspection periodically to verify the system is being maintained. If a renewable energy system has been abandoned [meaning not having been in operation for a period of six (6) months], is defective or is deemed to be unsafe by the City Inspector, the renewable energy system shall be required to be repaired by the owner to meet Federal, State and local safety standards, or be removed by the property owner within forty-five (45) days of written notice to the owner operator of the system. The City reserves the authority to abate any hazardous situation and to pass the cost of such abatement on to the owner or operator or the system.

Specific Requirements.

Permits. A renewable energy source system application is required for all systems and shall be submitted to the City of Duquesne, accompanied with the appropriate permit fee and inspection fees applicable set forth by the City of Duquesne in Section 500.060, Application And Fees. The renewable energy source permit application, which will act as the building permit, upon approval from the City Inspector, shall include the following information:

(1)

Name and address of applicant.

(2)

Evidence that the applicant is the owner of the premises involved or that owner has granted permission on renewable energy source permit.

(3)

A plot plan and development plan drawn in sufficient detail to clearly describe:

(a)

Property lines and physical dimensions of the site.

(b)

Location, approximate dimensions and types of major existing structures and uses on site.

(c)

Location and elevation of the proposed solar energy system.

(d)

Roof-mounted systems require drawings indicating roof dimensions, a North arrow and bar scale of drawing, and show all ridge line or parapets for roof-mounted solar system. Identify all vents, chimneys, or other apparatus, including vertical objects (i.e., trees), that may affect the placement of the panel. Provide details of the overall size of the panel array and the arrangement of the array.

(e)

Ground-mounted solar systems require drawings, including North arrow and bar scale, lot dimensions, identify all streets adjacent to lot, identify easements and setbacks, provide details of solar unit's maximum height from grade and overall size of panel array, and any screening details (vegetation, fencing, etc.), provide distances from existing structures, trees, fences, and adjacent property lines.

(f)

Electrical, plumbing, and structural engineering information and drawings.

(g)

Provide detailed drawings of support structures or footings where applicable.

(h)

A picture showing the sample colors for the proposed solar energy system and the structure's roof material.

(i)

A copy of the design approval letter from the utility company shall be submitted for customers requesting to interconnect to the utility company's electrical grid.

(j)

Include make, model, picture and manufacturer's specifications.

Installation And Operation. Installation of all solar energy systems shall comply with the following requirements:

(1)

Compliance with National Electrical Code, International Building Code, and International Residential Code.

(a)

Renewable energy system applications shall be accompanied by a line drawing identifying the electrical components of the solar system to be installed in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code, International Building Code, and International Residential Code as currently adopted by the City. The application shall include a statement from a registered professional engineer or licensed electrician indicating that the electrical system conforms with good engineering practices and complies with the National Electrical Code. This certification would normally be supplied by the manufacturer. All equipment and materials shall be used or installed in accordance with such drawings and diagrams.

(b)

(2)

Ground-Mounted Solar Energy Systems.

(a)

Ground-mounted solar energy systems shall only be located in the side or rear yard of a property.

(b)

Ground-mounted solar energy systems and supporting structures may not exceed a total height of eight (8) feet if property is one (1) acre or less, fifteen (15) feet on property larger than one (1) acre, as measured from the average grade at the base of the supporting structure to the highest edge of the system.

(c)

Ground-mounted solar energy systems must be substantially screened from public view (including adjacent properties and public rights-of-way) by fencing, walls, plantings, or other architectural feature or any combination thereof; provided, however, that the screening shall not be required to be so dense, so tall, or so located as to render the equipment essentially non-functional.

(d)

The area underneath the ground-mounted solar panels shall be well maintained with the installation of mulch, landscaping rocks, maintained grass, pavement, or other attractive materials.

(e)

If a ground-mounted solar energy system is removed, any earth disturbance as a result of the removal of the ground-mounted solar energy stem shall be graded and reseeded.

(3)

Roof-Mounted Solar Energy Systems.

(a)

Solar panels shall be permitted on any sloped roof if the panels are mounted flush or parallel to the roof plane. Parallel mounting shall be placed no more than eight (8) inches higher than the roof surface.

(b)

When located on a sloped roof, solar panels shall be set back at least two (2) feet from any outside edge, ridge, or valley of the roof and shall not exceed the height of the roofline.

(c)

When located on a sloped roof, solar panels shall be positioned in a symmetrical fashion and centered on the plane of the roof on which they are located.

(d)

A solar panel shall be permitted to project away from a flat roof if the solar panels are screened on all four (4) sides from all adjacent streets or properties with a material that matches or complements the architecture of the building.

(e)

The applicant must submit a written certification from a Missouri-licensed structural engineer providing details of the weight of each panel or array per square foot and certifying that the supporting structure has the structural integrity to carry the weight and wind loads of the solar energy system.

Penalties For Offenses. Any person who violates any provision of this Section shall be subject to a fine not to exceed five hundred dollars ($500.00), imprisonment not to exceed fifteen (15) days, or both such fine and imprisonment.

Section 404.090 Residence Development Plan.

[R.O. 2004 § 404.090; Ord. No. 106 § 1, 7-21-2008]

The owner or owners of any tract of land comprising an area of not less than one (1) acre may submit to the Board of Adjustment a plan for the use and development of such tract of land for residential purposes and if such development plan is approved after public notice and hearing by the Board and after study and report by the City Planning and Zoning Commission, the application of the use, height, yard and lot regulations and other regulations established herein may be modified by the Board of Adjustment in accordance with the development plan, provided that under said development plan the appropriate use of property adjacent to the area included in said plan is properly safeguarded and that said plan is consistent with the intent and purposes of this Chapter to promote public health, safety, morals and general welfare.

If an adverse report is given by the City Planning and Zoning Commission concerning the development plan or any portion thereof, then said plan may only be approved by the Board of Adjustment by a four-fifths (4/5) vote of the entire membership.

Section 404.100 Jurisdiction And Powers Of Board Of Adjustment.

[R.O. 2004 § 404.100; Ord. No. 106 § 1, 7-21-2008]

A Board of Adjustment is hereby established in accordance with the provisions of Chapter 89, RSMo., regarding the zoning of cities.

The Board of Adjustment shall consist of five (5) residents appointed by the Mayor and approved by the Board of Aldermen. The term of the office of the members of the Board of Adjustment shall be for five (5) years, excepting that five (5) members first appointed shall serve respectively for terms of one (1) year; two (2) years; three (3) years; four (4) years; and five (5) years; thereafter members shall be appointed for terms of five (5) years each. Three (3) alternate members may be appointed to serve in the absence of or the disqualification of the regular members. All members and alternates shall be removable for cause by the appointing authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The members shall elect their own Chairman, Vice Chairman and Secretary who shall serve for one (1) year. The Board of Adjustment shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to Sections 89.010 to 89.140, RSMo. Meetings of the Board of Adjustment shall be held at the call of the Chairman and at such other times as the Board of Adjustment may determine. Such Chairman, or in his/her absence the Vice Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board of Adjustment shall be open to the public. The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon question or, if absent or failing to vote, indicating such fact and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the City Clerk and shall be a public record. All testimony, objections thereto and rulings thereon shall be recorded by a transcriptionist. The presence of three (3) members of the Board of Adjustment shall constitute a quorum for the transaction of business; however, the concurring vote of four (4) members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision or determination of any such City administrative official to decide in favor of applicant.

Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this Chapter, the Board of Adjustment may authorize a variation of the application of the use, height and area regulations so that the spirit of this Chapter shall be observed, public safety and welfare secured and substantial justice done.

The Board of Adjustment shall not have the power to change the classification of property as shown on the Zoning District Map nor to make any changes in the regulations of the Zoning Code but shall interpret the Zoning Code and authorize variations.

The Board of Adjustment shall have the following powers and it shall be its duty:

To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the City administrative official in the enforcement of Sections 89.010 to 89.140, RSMo.

Appeals to the Board of Adjustment may be taken by the person aggrieved, by any neighborhood organization as defined in Section 32.105, RSMo., representing such person, or by any officer, department or bureau of the government affected by any decisions of the administrative official. Such appeal shall be taken within a reasonable time, as shall be prescribed by the Board of Adjustment by general rule, by filing with the City Clerk and with the Secretary of the Board of Adjustment notice of appeal specifying the grounds thereof. The administrative official shall forthwith transmit to the Secretary of the Board of Adjustment all papers constituting the record upon which the action appealed from is taken. The concurring vote of four (4) members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision or determination of any such City administrative official to decide in favor of applicant.

An appeal stays all proceedings in furtherance of the action appealed from, unless the administrative official certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him/her, that by reason of facts stated in the certificate, a stay would, in his/her opinion, cause immediate peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application or notice to the administrative official whom the appeal is taken and on due cause shown.

Permit a temporary building for commerce or industry in a dwelling district which is incidental to the residential developments, such permit to be issued for a period of not more than one (1) year.

To interpret the provisions of this Chapter in such a way as to carry out the intent and purpose of the plan, as shown on the map fixing the several districts accompanying and made a part of this Chapter where the street layout actually on the ground varies from the street layout as shown on the map aforesaid.

To interpret and vary the application of the side, rear and front yard regulations and parking requirements in specific cases so as to carry out the intent and purpose of this Chapter.

To authorize upon appeal in specific causes such variance from the terms of this Chapter as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this Chapter will result in unnecessary hardship, so that the spirit of this Chapter shall be observed and substantial justice done.

The applicant must show that his/her property was acquired in good faith and where by reason of exceptional narrowness, shallowness or shape of this specific piece of property at the time of the effective date of the district zoning regulations or where by reason of exceptional topographical conditions or other extraordinary or exceptional circumstances, that the strict application of the terms of the zoning regulations actually prohibits the use of his/her property in the manner similar to that of other property in the zoning district where it is located.

A request for a variance may be granted upon a finding of the Board of Adjustment that all of the following conditions have been met. The Board of Adjustment shall make a determination of each condition and the finding shall be entered in the record.

(1)

The variance requested arises from such condition which is unique to the property in question and which is not ordinarily found in the same zone or district and is not created by an action or actions of the property owner or applicant.

(2)

The granting of the permit for the variance will not adversely affect the rights of adjacent property owners or residents.

(3)

The strict application of the provisions of the zoning regulations of which the variance is requested will constitute unnecessary hardship upon the property owner represented in the application.

(4)

The variance desired will not adversely affect the public health, safety, quality of life order, convenience, prosperity or general welfare.

(5)

The granting of the variance desired will not be opposed to the general spirit and intent of the zoning regulations.

(6)

The variance requested is the minimum variance that will make possible the reasonable use of the land or structure.

Conditions Of Determination. In exercising the above-mentioned powers such Board of Adjustment may, in conformity with the provisions of Sections 89.010 to 89.140, RSMo., reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken, may attach appropriate conditions and may issue or direct the issuance of a permit. A majority of the Board of Adjustment shall constitute a quorum for the transaction of business and a concurring vote of four (4) members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision or determination of any such administrative official or to decide in favor of the applicant on any matter upon which it is required to pass under any such zoning ordinance or regulation or to effect any variation in such zoning ordinance or regulation. Upon the hearing, any party may appear in person or by agent or by attorney.

Applications. The procedure for requesting a hearing before the Board of Adjustment shall be as follows:

All applications to the Board of Adjustment shall be in writing on forms approved by the Board of Adjustment and provided by the City.

The Board of Adjustment shall fix a reasonable time for the hearing of an application and notice of the time, place and subject of each hearing shall be published in the official newspaper (as designated by the Board of Aldermen) at least fifteen (15) days prior to the date fixed for the public hearing. The City Clerk shall send a copy of the notice of public hearing to each party of interest and to the Commission. In addition, the City Clerk will supervise the proper posting of subject property by the applicant.

An application shall be accompanied by a filing fee in the amount of six hundred dollars ($600.00). In addition, the applicant shall be responsible for the cost of any required transcript of any required hearing. In addition to the above requirements, the City may require additional information as deemed necessary.

[Ord. No. 363 § 1, 5-14-2018]

Appeals.

An application for an appeal shall be filed within sixty (60) days after a ruling has been made by the administrative official.

A copy of the order, requirement, decision or determination of the administrative official which the appellant believes to be in error.

A clear and accurate written description of the proposed use, work or action in which the appeal is involved and a statement justifying the appellant's position.

Where necessary, a plot plan, drawn to scale, shall be submitted in duplicate showing existing and proposed plans for the area in question.

Variances.

The applicant shall submit a written statement justifying the variance requested, indicating specifically the enforcement provisions of the zoning regulations from which the variance is requested and outlining in detail the manner in which it is believed that this application will meet each of the six (6) conditions as set out in Section 404.100(E)(5)(b).

The applicant shall submit a sketch, in duplicate, drawn to scale and showing the lot or lots included in the application, the structures existing thereon and the structures contemplated necessitating the variance requested. All appropriate dimensions should be included and any other information which would be helpful to the Board of Adjustment in consideration of the application.

10.

Performance. In making any decision varying or modifying any provisions of the zoning regulations or in granting an exception to the district regulations, the Board of Adjustment shall impose such restrictions, terms, time limitations, landscaping and other appropriate safeguards to protect adjoining property.

The Board of Adjustment may require a performance bond to guarantee the installation of improvements such as parking lot surfacing, landscaping, etc. The amount of the bond shall be based on a general estimate of cost for the improvements as determined by the Board of Adjustment and shall be enforceable by or payable to the Board of Aldermen in the sum equal to the cost of constructing the required improvements.

In lieu of the performance bond requirement, the Board of Adjustment may specify a time limit for the completion of such required improvements and, in the event the improvements are not completed within the specified time, the Board of Adjustment may declare the granting of the application null and void after reconsideration.

11.

Who May Appeal The Board Of Adjustment Decision. Any person or persons jointly or severally aggrieved by any decision of the Board of Adjustment, any neighborhood organization as defined in Section 32.105, RSMo., representing such person or persons or any officer, department, board or bureau of the municipality may present the Circuit Court of the County or City in which the property affected is located a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality and asking for relief therefrom. Such petition shall be presented to the court within thirty (30) days after filing of the decision in the office of the Board.

12.

Decisions Subject To Review — Procedure. Upon the presentation of such petition the court may allow a writ of certiorari directed to the Board of Adjustment to review such decision of the Board of Adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten (10) days and may be extended by the court. Costs shall not be allowed against the Board of Adjustment unless it shall appear to the court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from. All issues in any proceedings under Sections 89.080 to 89.110, RSMo., shall have preference over all other civil actions and proceedings.

Section 404.110 Building Permit.

[R.O. 2004 § 404.110]

Procedures. All requests for building permits required by this Section and Section 500.060 of this Code shall be filed upon forms prescribed by the City setting forth the legal description of the lot, tract or parcel of land together with a general explanation of the intended land use and description of any building or structure proposed to be constructed, erected, placed or altered thereon. Any building or structure proposed shall be accompanied by a plat or drawing showing the following: the location of the building or structure upon the lot, tract or parcel; accurate dimensions of the building and lot; the location of present and proposed utility easements, drainage easements, stormwater control plans; topographic elevations upon request; and such other information as may be necessary to provide for the enforcement of these regulations. A careful record of the original copy of such applications and drawings shall be kept in the office of the City Clerk and a duplicate copy shall be kept at the building site at all times during construction.

Period Of Validity For Building Permits. Building permits shall become null and void six (6) months after the date on which each is issued unless within such six-month period construction, moving, remodeling or reconstruction of a structure is commenced.

Plat Diagrams And Site Plan Review. All applications for building permits for single-family and two-family dwellings and buildings accessory to single-family and two-family dwellings must include a plat diagram; all other applications for building permits shall be subject to the site plan review process and regulations as set forth in Section 404.115.

Revocation Of Building Permit. The permit may be revoked by the official issuing the permit at any time prior to the completion of the use, building, structure, placement or sign for which the same was issued, when it appears to such official that one (1) or more of the following conditions is present:

There is departure from the plans, specifications or conditions as required under the terms of the permit;

That the permit was procured by false representation;

That the permit was issued by mistake; or

That any of the provisions of the Building Code or City codes are being violated. Written notice of such revocation from the City of Duquesne shall be served by a City Official upon the owner, the owner's agent or contractor or upon any person employed in the building or structure for which such permit was issued. In addition, a copy of the revocation notice shall be posted in a prominent location of the property. Where notice of revocation has been served and posted, no future construction or use of the property shall proceed. Any revocation of a permit may be appealed to the Board of Adjustment as provided in Section 404.100, Jurisdiction and Powers of Board of Adjustment, of this Chapter.

Section 404.114 Preliminary Site Plan Review.

[R.O. 2004 § 404.114; Ord. No. 106 § 1, 7-21-2008]

Intent. The City of Duquesne recognizes that commercial land development creates the potential for traffic congestion, adverse visual environmental impacts and health problems. The City seeks to ensure that commercial development has a working forum that creates a partnership to achieve the goal of promoting growth in Duquesne. The commercial property preliminary site plan review seeks to balance the needs of the City for providing safety, services and convenience to its residents with that of the needs of the commercial developer. The commercial property preliminary site plan review provides a forum where a developer can propose conceptual or preliminary commercial development and receive the feedback needed to move forward from the concept phase to the engineering and construction phases. Provided, however, neither feedback nor City approval of a preliminary site plan shall be construed to constitute a waiver of or substitute for the site plan review process set forth in Section 404.115 of this Code. The City seeks to ensure that any location that must accommodate intense urban uses shall be subject to the preliminary site plan review process by the City Clerk, Building Inspector, Planning and Zoning Commission and the Board of Aldermen.

Applicability. All application for land use permits or building permits for multifamily, commercial or industrial property on a lot in the zoning districts "R-3," "R-4," "C-1," "C-2" and "M-1" shall be subject to the preliminary site plan review.

Authority. Land use permits or building permits shall not be issued for any use of land or proposed construction on a lot in the zoning districts in which preliminary site plan review is applicable, unless site plan review approval has been granted.

Submission Requirements. The preliminary site plan shall include the following data, details and supporting plans which are found relevant to the proposal. The number of pages submitted to the City Clerk will depend on the proposal's size and complexity. Preliminary site plans shall be prepared by a registered professional engineer, architect or land surveyor registered in the State of Missouri; architect at a scale of one (1) inch equals one hundred (100) feet for the project. Items required for submission include:

Name of project, address, boundaries, date, north arrow and scale of the plan and legal description of the land.

Name and address of the owner of record, developer and engineer, architect or land surveyor.

All existing lot lines, survey pin locations, include area in acres or square feet.

The location of all present and proposed structures within the development. Include square feet of the building, setbacks from lot lines and any conceptual drawings of the buildings.

The location of all present and proposed parking areas, driveways and sidewalks.

The location of all present and proposed utility systems, including:

Sewerage.

Water supply.

Electrical.

Topography (unless specifically waived) with contour intervals of not more than two (2) feet except where the ground is too flat for contours, spot elevation shall be provided.

Section 404.115 Site Plan Review.

[R.O. 2004 § 404.115; Ord. No. 106 § 1, 7-21-2008]

Intent.

The City of Duquesne recognizes that the very nature of land development creates the potential for traffic congestion, overcrowding, adverse visual environmental impacts and health problems. Also, the City strives to achieve the goal of promoting growth in Duquesne, while stabilizing the established residential patterns of the area. The City seeks to ensure that any location that must accommodate intense urban uses shall be subject to site plan review by the City Clerk, City Engineer, Commission and the Board of Aldermen. Site plan review shall help ensure compliance with the meaning and intent of the zoning regulations.

The site plan review regulates the development of structures and sites in a manner which considers the following concerns:

The balancing of landowners' rights to use their land with the rights of abutting and neighboring landowners to live without undue disturbances (e.g., noise, smoke, fumes, dust, odors, glare, stormwater runoff, etc.);

The convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent areas or roads;

The adequacy of waste disposal methods and protection from pollution of surface or ground water;

The protection of historic and natural environmental features on site under review and in adjacent areas;

The stability of the built environment — particularly residential neighborhoods — by promoting urban development which is compatible with clearly identified natural resources; and

The development guidelines set out in the City Comprehensive Plan.

Applicability. All applications for land use permits or building permits, other than for single-family and two-family dwellings and buildings accessory to single-family or two-family dwellings, shall be subject to site plan review.

Authority. Land use permits or buildings permits shall not be issued for any use of land or proposed construction on a lot in the zoning districts in which site plan review is applicable, unless site plan review approval has been granted.

Submission Requirements.

The site plan shall include the following data, details and supporting plans which are found relevant to the proposal. The number of pages submitted to the City Clerk will depend on the proposal's size and complexity. The applicant shall make notations explaining the reasons for any omissions.

Site plans shall be prepared by a registered professional engineer, architect or land surveyor registered in the State of Missouri; architect at a scale of one (1) inch equals one hundred (100) feet for projects one thousand two hundred (1,200) square feet or larger. Items required for submission include:

Name of project, address, boundaries, date, north arrow and scale of the plan.

Name and address of the owner of record, developer and seal of the engineer, architect or land surveyor.

Name and address of all owners of record of abutting parcels.

All existing lot lines, survey pin locations, easements and rights-of-way. Include area in acres or square feet, abutting land uses and structures.

The location and use of all existing and proposed structures within the development. Include all dimension of heights and floor area and show all exterior entrances and all anticipated future additions or alterations.

The location of all present and proposed public and private ways, parking areas, driveways, sidewalks, ramps, curbs and fences. Location, type and screening details for all waste disposal containers shall be shown.

The location, height, intensity and bulb type of all external lighting fixtures. The direction of illumination methods to eliminate glare onto adjoining property must also be shown.

The location, height, size, materials and design of all proposed signage in conformance with the Duquesne City Code.

The landscape plan which shows all existing open space, trees, forest cover, water sources and all proposed changes to these features. In addition the size, type, location and number of plant materials existing or proposed as well as a notation of all areas to be seeded and sodded shall be shown.

The location of all present and proposed utility systems, including:

(1)

Sewerage.

(2)

Water supply.

(3)

Telephone, cable and electrical.

(4)

Storm drainage system, including existing and proposed drain lines, culverts, catch basins, head walls, end walls and hydrants.

Plans to prevent the pollution of surface or ground water, erosion of soil both during and after construction, excessive runoff, excessive raising or lowering of the water table and flooding of other properties, as applicable.

Topography (unless specifically waived) with contour intervals of not more than two (2) feet except that, where the ground is too flat for contours, spot elevation shall be provided.

Zoning district boundaries adjacent to the site's perimeter shall be drawn and identified on the plan.

Traffic flow patterns within the site, entrances and exits, loading and unloading areas, curb cuts on the site and within one hundred (100) feet of the site. For developments in heavy traffic areas, the City Engineer may require a detailed traffic study.

For new construction, alterations to any existing structure, a table continuing the following information must be included:

(1)

Area of structure to be used for a particular use, such as retail operation, office, storage, etc.;

(2)

Maximum number of employees;

(3)

Maximum seating capacity, where applicable;

(4)

Number of parking spaces existing and required for the intended use; and

(5)

A landscape plan for improving large areas of paved parking with appropriate landscaping may be required.

Standards Of Review. The recommendations of the City Planning and Zoning Commission to the Board of Aldermen shall be based on the following standards:

The extent to which the proposal conforms to the provisions of these regulations.

The extent to which the development would be compatible with the surrounding area.

The extent to which the proposal conforms to the provisions of the City's subdivision regulations, Sign Code, Building Code, Fire Code, Storm Water Management Code and all other applicable City codes and ordinances.

The extent to which the location of streets, walkways and driveways are located so as to enhance safety and minimize any adverse traffic impact on the surrounding area.

Approval Of Site Plan. After consideration of the recommendations of the City Planning and Zoning Commission, the Board of Aldermen may approve or disapprove of the site plan. The Board of Aldermen may also grant conditional approval of the site plan by stipulating such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the proposed site as is deemed necessary for the protection of the public interest and to secure compliance with the standards and conditions contained herein.

Section 404.120 Certificate Of Occupancy.

[R.O. 2004 § 404.120; Ord. No. 106 § 1, 7-21-2008]

No vacant land shall be occupied or used, except for agricultural purposes, and no building hereafter erected or structurally altered shall be occupied or used until a certificate of occupancy shall have been issued by the Building Inspector.

Certificate Of Occupancy For A Building.

Certificate of occupancy for a new building or the alteration of an existing building as required by this Section and Section 500.050 of this Code shall be applied for coincident with the application for a building permit and said certificate shall be issued within three (3) days after the requests for same shall have been made in writing to the Building Inspector after the erection or alteration of such building or part thereof shall have been completed in conformity with the provisions of these regulations. Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the Building Inspector for a period not exceeding six (6) months, during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the City relating to the use or occupancy of the premises or any other matter covered by this Chapter and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants.

Certificate of occupancy shall state that the building or proposed use of a building or land complies with all the building and health laws and ordinances and with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the Building Inspector and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected.

No permit for excavation for any building shall be issued before application has been made for a certificate of occupancy.

Section 404.130 Boundaries Of Districts.

[R.O. 2004 § 404.130; Ord. No. 106 § 1, 7-21-2008]

Where uncertainty exists with respect to the boundaries of the various districts as shown on the map accompanying and made a part of this Chapter, the following rules shall apply:

The district boundaries are either streets or alleys unless otherwise shown and where the districts designated on the map accompanying and made a part of this Chapter are bounded approximately by street or alley lines, said street or alley shall be construed to be the boundary of such district.

Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines and where the districts designated on the map accompanying and made a part of this Chapter are bounded approximately by lot lines, said lot line shall be construed to be the boundary of such districts unless said boundaries are otherwise indicated on the map.

In non-subdivided property, the district boundary lines on the maps accompanying and made a part of this Chapter shall be determined by the use of the scale contained on such map.

Section 404.135 Special Use Permit.

[R.O. 2004 § 404.135; Ord. No. 106 § 1, 7-21-2008]

Certain non-conforming uses may be located in Districts "R-1," "R-2," "R-3," "R-4," "C-1" and "C-2" by special written permission of the Commission and approved by the Board of Aldermen after properly posting the property, notifying landowners within one hundred eighty-five (185) feet of the proposed use, followed by a public hearing; provided that in their judgment such use will not seriously injure the appropriate use of neighboring property and will conform to the general intent and purpose of this Chapter and, further provided, that such uses shall comply with the height, area and/or the regulations of the districts in which they may be located, as well as any additional restrictions as may be ordered.

Special uses are those types of uses which, due to their nature, are dissimilar to the normal uses permitted within a given zoning district. Within the various zoning districts, specific uses may be permitted only after additional requirements are complied with as established with this Section.

Submission Of Application. An application [an original and four (4) copies] for special use permit shall be filed with the City Clerk along with the application filing fee. The application shall include the following:

Plan showing existing and proposed building locations, parking areas, location and type of outdoor lighting, interior drives and landscaped buffer strips.

Topography and existing utilities abutting the streets, alleys or easements and the square footage of land within the plot.

Name of owner of land to be utilized with legal description.

Description of architecture and exterior materials to be utilized.

Processing The Application.

Hearing. Upon receipt of the formal application, all accompanying material and filing fee, the City Clerk shall forward copies of the special use permit application and accompanying information to affected public or governmental agencies and the Planning and Zoning Commission. In addition, the following regulations must be followed:

(1)

Applicant shall post a notice on the property in the form of a sign provided by the City Clerk and placement of such sign shall be in the center of the property in question, no more than ten (10) feet from the yard right-of-way and sign must be visible from the street;

(2)

A written notice is mailed by the City Clerk to all landowners (names and addresses provided to the City Clerk by the applicant) within one hundred eighty-five (185) feet of the proposed use;

(3)

A notice concerning the special use request is placed in a newspaper of general circulation by the City Clerk not less than fifteen (15) days prior to the date set for the public hearings;

(4)

A public hearing is held before the Planning and Zoning Commission with the applicant (or agent) in attendance; further, the Planning and Zoning Commission shall submit its recommendation to the Board of Aldermen prior to the date set for the Board's public hearing which must be within thirty (30) days after the close of the Commission's public hearing;

(5)

A public hearing is held before the Board of Aldermen with the applicant (or agent) attending the public hearing.

Findings. The Commission shall submit a report and determination to the Board of Aldermen, which shall include a finding that the use is or is not recommended, based on the following considerations:

(1)

The location and size of the proposed use in relation to the site and to adjacent sites and uses of property and the nature and intensity of operations proposed therein.

(2)

Accessibility of the property to Police, fire, refuse collection and other municipal services; adequacy of ingress and egress to and within the site; traffic flow and control; and the adequacy of off-street parking and loading areas.

(3)

Utilities and services, including water, sewer, drainage, gas and electricity, with particular reference to location, availability, capacity and compatibility.

(4)

The location, nature and height of structures, walls, fences and other improvements; their relation to adjacent property and uses; and the need for buffering or screening.

(5)

The adequacy of required yard and open space requirements and sign provisions.

(6)

The general compatibility with adjacent properties, other properties in the district and the general safety, health, comfort and general welfare of the community.

Time Limit.

Sunset. A special use permit shall expire upon public hearing, unless a building permit is taken within twelve (12) months to effectuate such special permitted use; or if no building permit is required, evidence of use is filed with the Building Inspector.

Abandonment. Once a special permitted use ceases or is abandoned for a period of more than twelve (12) months, the special use permit shall expire upon public hearing; except that the special use permit for an auto salvage yard shall automatically expire if the State license for operating the auto salvage yard lapses for a period of more than six (6) months.

Home Occupation. A special use permit for a home occupation shall not be transferable to a new owner of the real estate.

Expiration As A Condition Of The Permit. A special use permit shall expire on the date specifically stated in the conditions listed on each permit.

Conditions And Guarantees. Prior to granting of any special use permit by the Board of Aldermen, the Planning and Zoning Commission may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use permit as is deemed necessary for the protection of the public interest and to secure compliance with the standards and conditions contained herein. In all cases in which a special use permit is granted, the Planning and Zoning Commission may recommend or the Board of Aldermen may require such evidence and guarantees as may be deemed necessary to ensure that the conditions stipulated are being and will be fully complied with. If the Commission and Board stipulate a time limitation for the special use permit, said special use permit shall be considered for renewal through the application process under Section 404.135(A)(3).

Section 404.140 Interpretation, Purpose And Conflict.

[R.O. 2004 § 404.140; Ord. No. 106 § 1, 7-21-2008]

In interpreting and applying the provisions of this Chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity or general welfare. It is not intended by this Chapter to interfere with or abrogate or annul any easements, covenants or other agreement between parties; provided, however, that where this Chapter imposes a greater restriction upon the use of buildings or premises or upon height of buildings or requires larger open spaces than are imposed or required by other ordinances, rules or regulations or by easements, covenants or agreements, the provisions of this Chapter shall govern.

Section 404.150 Powers And Limitations Of Board Of Aldermen — Hearings, Notice.

[R.O. 2004 § 404.150; Ord. No. 106 § 1, 7-21-2008]

The Board of Aldermen of Duquesne shall provide for the manner in which such regulations and restrictions and the boundaries of such districts shall be determined, established and enforced and from time to time amended, supplemented or changed. However, no such regulation, restriction or boundary shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen (15) days' notice of the time and place of such hearing shall be published in an official paper or a paper of general circulation in the City.

Section 404.155 Zoning Amendment Procedure.

[R.O. 2004 § 404.155; Ord. No. 106 § 1, 7-21-2008]

Amendments To Change Zoning Regulations Or District Boundaries. The City of Duquesne Board of Aldermen from time to time may supplement, change or generally revise the boundaries or regulations contained in zoning regulations by amendment. A proposal for such amendment may be initiated by the Board of Aldermen or the City Planning and Zoning Commission. If such proposed amendment is not a general revision of the existing regulations and affects specific property, the amendment may be initiated by application of the owner of property affected. Applications for special use permits shall be considered by the same procedure as zoning district amendments. Any such amendment, if in accordance with the adopted Comprehensive Plan, shall be presumed to be reasonable.

Public Hearing. All such proposed amendments first shall be submitted to the City Planning and Zoning Commission for recommendation. The Commission shall hold a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. The public hearing shall be held at the next regular meeting of the City Planning and Zoning Commission for which the application may be scheduled. The City Planning and Zoning Commission shall cause an accurate written summary to be made of the proceedings and shall give notice of the hearing as provided in these regulations.

Notice Of Hearing.

At least fifteen (15) days' notice of the time and place of such hearing shall be published in an official newspaper of the City. Such notice shall fix the time and place for such hearing and contain a statement regarding the proposed changes in regulations or restrictions or in the boundary or classification of any zone or district. If such proposed amendment is not a general revision of the existing regulations and affects specific property, the property shall be designated by legal description or a general description sufficient to identify the property under consideration.

In addition to such publication notice, written notice of such proposed amendment shall be mailed before the hearing to owners of record of lands located within at least one hundred eighty-five (185) feet of the proposed to be altered. Notices shall include a statement that a complete legal description is available for public inspection and shall indicate where such information is available. When the notice has been deposited in the mail, failure of a party to receive such notice shall not invalidate any subsequent action taken by the City. In addition to such publication notice, written notice of such proposed amendment shall not invalidate any subsequent action taken by the City Planning and Zoning Commission to recommend amendments to zoning regulations which affect only a portion of the land described in the notice.

The applicant shall post a notice on the property in the form of a sign provided by the City Planning and Zoning Commission. Placement of such sign shall be in the center of the property in question, no more than five (5) feet from the front yard right-of-way line. Placement shall be made at least fifteen (15) days prior to the scheduled public hearing and must remain until after the Board of Aldermen has received and acted upon the recommendation of the City Planning and Zoning Commission. The cost of said sign or signs shall be paid by the applicant.

Adoption.

The procedure for consideration of and adoption of a recommendation to amend zoning district boundaries shall require a majority of the full membership of the City Planning and Zoning Commission at the hearing to recommend approval or denial of the amendment to the Board of Aldermen. If the City Planning and Zoning Commission fails to make a recommendation on a rezoning request, the City Planning and Zoning Commission shall be deemed to have made a recommendation of denial.

Upon the receipt of the recommendation of the Planning and Zoning Commission and protest petitions that may have been submitted, the Board of Aldermen shall consider the application and may approve the recommendations of the City Planning and Zoning Commission or take whatever action it deems necessary. If a proposed amendment is not acted upon finally by the Board of Aldermen within one hundred twenty (120) days after the recommendation of the City Planning and Zoning Commission is submitted to it, such proposed amendment shall be deemed to have been defeated and denied, unless the applicant for such amendment shall have consented to an extension of such period of time. Whenever a proposed amendment is defeated, either by vote of the Board of Aldermen or by reason of the operation of this Section, such amendment shall not thereafter be passed without a further public hearing and notice thereof as provided in this Chapter.

If the Board of Aldermen returns the City Planning and Zoning Commission's recommendation, the City Planning and Zoning Commission, after considering the same, may resubmit its original recommendation giving the reasons therefor or submit a new and amended recommendation. Upon the receipt of such recommendation, the Board of Aldermen may adopt or may revise or amend and adopt such recommendation or it need take no further action thereon. If the City Planning and Zoning Commission fails to deliver its recommendation to the Board of Aldermen following the City Planning and Zoning Commission's next regular meeting after receipt of the Board of Aldermen's report, the Board of Aldermen may consider such course of inaction on the part of the City Planning and Zoning Commission as a resubmission of the original recommendation and proceed accordingly.

Applications. Any party desiring to amend a zoning district boundary or regulation contained in this Chapter, as to any lot, tract or area of land, shall file with the City Planning and Zoning Commission an application for such amendment. All applications for an amendment shall be accompanied by such data and information as prescribed in these regulations.

Application Fee. A fee in the amount of three hundred twenty-five dollars ($325.00) shall accompany each amendment application. This fee is intended to cover the cost of publication and other costs normally incident to the rezoning process, but not engineering costs as set forth in Subsection (I), below. Said fee shall be deposited with City Planning and Zoning Commission at the time said amendment application is filed.

[Ord. No. 364 § 1, 5-14-2018]

Findings. In order to recommend, approve or disapprove a proposed zoning district amendment, the City Planning and Zoning Commission shall make findings to determine whether the application is found to be compatible with the following:

Character of the neighborhood.

Consistency with the Comprehensive Plan and ordinances of the City of Duquesne.

Adequacy of public utilities and other needed public services.

Suitability of the uses to which the property has been restricted under its existing zoning.

Compatibility of the proposed district classification with nearby properties.

The extent to which the zoning amendment may detrimentally affect nearby property.

Protest Of An Amendment By Petition Of Property Owners. Regardless of whether or not the City Planning and Zoning Commission approves or disapproves a zoning amendment, if a protest against such amendment is filed after the conclusion of the public hearing in the office of the City Clerk, duly signed by the owners of thirty percent (30%) or more, either of the areas of the land (exclusive of streets and alleys) included in such proposed change or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed, such petition shall be presented to the Board of Aldermen at the time the City Planning and Zoning Commission recommendation is acted upon; and further, such amendment shall not become effective except by the favorable vote of two-thirds (2/3) of all the members of the Board of Aldermen.

Reimbursement Of City's Actual Engineering Expenses. In addition to all other fees set forth in this Section, the applicant shall be responsible for reimbursing the City for any actual expenses, not including the cost of publication and other costs normally incident to the rezoning process, incurred by the City which are necessary to the City's zoning amendment procedure. Such fees may include, but are not limited to, engineering and other associated fees incurred by the City in connection with the City's review of the application, stormwater control issues and other necessary expenses reasonably incurred by the City. The City Clerk shall provide notification in writing to the applicant within ten (10) days of the City's receipt of any such expense incurred by the City unless, for good cause, a longer period for such notification is necessary. Such notification shall be reasonably detailed. No zoning amendment shall be granted until all such fees have either been paid or, alternatively, satisfactory arrangements have been made for payment.

[Ord. No. 364 § 1, 5-14-2018]

Applicant's Presence At Scheduled Public Hearings Required. Any person desiring to amend a zoning district boundary or regulation contained in this Chapter shall be present, either in person or by duly appointed representative, at all public hearings required by this Chapter. Neither the Planning and Zoning Commission nor the Board of Aldermen shall act favorably upon any such amendment if such person or representative fails to be present as herein required.

[Ord. No. 364 § 1, 5-14-2018]

Section 404.160 Violations And Penalties.

[R.O. 2004 § 404.160; Ord. No. 106 § 1, 7-21-2008]

In case any building or structure is erected, constructed, reconstructed, altered, converted, or maintained, or any building, structure, or land is used in violation of Sections 89.010 to 89.140, RSMo., or of any ordinance or other regulation made under authority conferred hereby, the proper local authorities of the City, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use, to restrain, correct, or abate such violation, to prevent the occupancy of such building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises. Such regulations shall be enforced by an officer empowered to cause any building, structure, place, or premises to be inspected and examined and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provision of the regulations made under authority of Sections 89.010 to 89.140, RSMo.

The owner or general agent of a building or premises where a violation of any provision of said regulations has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee, or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor, or any other person who commits, takes part or assists in any such violation, or who maintains any building or premises in which any such violation shall exist shall be guilty of a misdemeanor punishable by a fine of not less than ten dollars ($10.00) and not more than two hundred fifty dollars ($250.00) for each and every day that such violation continues, or by imprisonment for ten (10) days for each and every day such violation shall continue, or by both such fine and imprisonment in the discretion of the court. Notwithstanding the provisions of Section 82.300, RSMo., for the second and subsequent offenses involving the same violation at the same building or premises, the punishment shall be a fine of not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00) for each and every day that such violation shall continue, or by imprisonment for ten (10) days for each and every day such violation shall continue, or by both such fine and imprisonment in the discretion of the court.

Any such person who, having been served with an order to remove any such violation, shall fail to comply with such order within ten (10) days after such service or shall continue to violate any provision of the regulations made under authority of Sections 89.010 to 89.140, RSMo., in the respect named in such order shall also be subject to a civil penalty of two hundred and fifty dollars ($250.00).